Florida Statute 366.051 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 366.051

Total Results: 7

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-03-03

Snippet: specified in ss. 366.04,3 366.05(7) and (8),4 366.051,5366.055,6 366.093,7 366.095,8 366.14,9 and 366

LEE COUNTY ELEC. CO-OP., INC. v. Jacobs

Court: Supreme Court of Florida | Date Filed: 2002-05-02

Citation: 820 So. 2d 297, 2002 WL 825704

Snippet: as specified in ss. 366.04, 366.05(7) and (8), 366.051, 366.055, 366.093, 366.095, 366.14, and 366.80

Florida Power Corp. v. Garcia

Court: Supreme Court of Florida | Date Filed: 2001-03-01

Citation: 780 So. 2d 34, 26 Fla. L. Weekly Supp. 102, 2001 Fla. LEXIS 403, 2001 WL 197040

Snippet: planned change in payments, was lawful under section 366.051, Florida Statutes (1993), and complied with Rule

Okeelanta Power Ltd. Partnership v. Florida Power & Light Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-02-16

Citation: 766 So. 2d 264, 2000 WL 173091

Snippet: sale by co-generators or small power producers. § 366.051, Fla. Stat. (1989). In 1991, FPL Co. entered into

Panda-Kathleen, LP/Panda Energy Corp. v. Clark

Court: Supreme Court of Florida | Date Filed: 1997-09-18

Citation: 701 So. 2d 322, 1997 WL 574723

Snippet: unit[.] The Commission's rules derive from section 366.051, Florida Statutes (1991), which is consistent with

Florida Power & Light Co. v. Beard

Court: Supreme Court of Florida | Date Filed: 1993-10-28

Citation: 626 So. 2d 660, 18 Fla. L. Weekly Supp. 558, 1993 Fla. LEXIS 1737, 1993 WL 433788

Snippet: Fla. Stat. (1991); see also § 366.051, Fla. Stat. (1991). Section 366.051 provides, "The electric utility

Heritage Ins. Co. v. FOSTER ELEC. CO. INC.

Court: District Court of Appeal of Florida | Date Filed: 1981-01-13

Citation: 393 So. 2d 28, 1981 Fla. App. LEXIS 19401

Snippet: and entered summary judgment for Foster for $6,366.51, plus attorney's fees and costs, based on the $16