The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.051

366.051 Cogeneration; small power production; commission jurisdiction.—Electricity produced by cogeneration and small power production is of benefit to the public when included as part of the total energy supply of the entire electric grid of the state or consumed by a cogenerator or small power producer. The electric utility in whose service area a cogenerator or small power producer is located shall purchase, in accordance with applicable law, all electricity offered for sale by such cogenerator or small power producer; or the cogenerator or small power producer may sell such electricity to any other electric utility in the state. The commission shall establish guidelines relating to the purchase of power or energy by public utilities from cogenerators or small power producers and may set rates at which a public utility must purchase power or energy from a cogenerator or small power producer. In fixing rates for power purchased by public utilities from cogenerators or small power producers, the commission shall authorize a rate equal to the purchasing utility’s full avoided costs. A utility’s “full avoided costs” are the incremental costs to the utility of the electric energy or capacity, or both, which, but for the purchase from cogenerators or small power producers, such utility would generate itself or purchase from another source. The commission may use a statewide avoided unit when setting full avoided capacity costs. If the cogenerator or small power producer provides adequate security, based on its financial stability, and no costs in excess of full avoided costs are likely to be incurred by the electric utility over the term during which electricity is to be provided, the commission shall authorize the levelization of payments and the elimination of discounts due to risk factors in determining the rates. Public utilities shall provide transmission or distribution service to enable a retail customer to transmit electrical power generated by the customer at one location to the customer’s facilities at another location, if the commission finds that the provision of this service, and the charges, terms, and other conditions associated with the provision of this service, are not likely to result in higher cost electric service to the utility’s general body of retail and wholesale customers or adversely affect the adequacy or reliability of electric service to all customers. Notwithstanding any other provision of law, power generated by the customer and provided by the utility to the customers’ facility at another location is subject to the gross receipts tax imposed under s. 203.01 and the use tax imposed under s. 212.06. Such taxes shall apply at the time the power is provided at such other location and shall be based upon the cost price of such power as provided in s. 212.06(1)(b).

History.—ss. 5, 22, ch. 89-292; s. 4, ch. 91-429.

F.S. 366.051 on Google Scholar

F.S. 366.051 on Casetext

Amendments to 366.051

Arrestable Offenses / Crimes under Fla. Stat. 366.051

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.051.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEE COUNTY ELECTRIC COOPERATIVE, INC. v. E. JACOBS, Jr., 820 So. 2d 297 (Fla. 2002)

. . . of this chapter shall apply in any manner, other than as specified in ss. 366.04, 366.05(7) and (8), 366.051 . . .

WELLS, Jr. v. NACOGDOCHES COUNTY, TEXAS, 197 F. Supp. 2d 709 (E.D. Tex. 2002)

. . . Wells alleged that she violated several provisions of the Texas Health and Safety Code, including § § 366.051 . . . Health and Safety Code Ann. § § 366.051(c) and 366.055(c) (Vernon 2001). . . .

FLORIDA POWER CORPORATION, v. GARCIA,, 780 So. 2d 34 (Fla. 2001)

. . . firm energy payments), which would result in a planned change in payments, was lawful under section 366.051 . . . Furthermore, contrary to Section 366.051, Florida Statutes, Section 210 of PURPA, and this Commission . . . Stat. § 366.051, and Rule 25-17.0832, F.A.C., the Commission interprets its Order No. 24734 entered in . . . PSC-97-1437FOF-EQ and 24989, PURPA, Section 366.051, Florida Statutes, and Rule 25-17.082, F.A.C., establish . . .

OKEELANTA POWER LIMITED PARTNERSHIP, v. FLORIDA POWER LIGHT COMPANY, FPL FPL, 766 So. 2d 264 (Fla. Dist. Ct. App. 2000)

. . . . § 366.051, Fla. Stat. (1989). . . .

PANDA- KATHLEEN, L. P. PANDA ENERGY CORPORATION, v. F. CLARK,, 701 So. 2d 322 (Fla. 1997)

. . . The Commission’s rules derive from section 366.051, Florida Statutes (1991), which is consistent with . . . In Florida, PURPA is implemented by consistent state policy authorized by section 366.051, Florida Statutes . . . Beard, 626 So.2d 660 (Fla.1993), we recognized that section 366.051 vested the Commission with authority . . . purchase, in accordance with applicable law, all electricity offered for sale by such cogenerator.” § 366.051 . . . the purchase of power or energy by public utilities from eogenerators or small power producers.” § 366.051 . . .

TEC COGENERATION INC. RRD v. FLORIDA POWER LIGHT COMPANY, FPL FPL H. T. C. Jr., 76 F.3d 1560 (11th Cir. 1996)

. . . . § 366.051 (1991). . . .

FLORIDA POWER LIGHT COMPANY, v. M. BEARD,, 626 So. 2d 660 (Fla. 1993)

. . . . § 366.81, Fla.Stat. (1991); see also § 366.051, Fla.Stat. (1991). . . . Section 366.051 provides, “The electric utility in whose service area a cogenerator or small power producer . . . Pursuant to section 366.051, the Commission is required to establish guidelines for the purchase of power . . . It is these types of cogenerators and small power producers to which section 366.051 applies. . . . We believe that the Commission acted within its authority under sections 366.06, 366.051 and 366.81. . . .