Fla. Stat. 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).

Source: Section 366.051 — Cogeneration; small power production; commission jurisdiction, https://www.­flsenate.­gov/Laws/Statutes/2024/0366.­051 (accessed Aug. 7, 2025).

366.01
Legislative declaration 366.02
Definitions 366.03
General duties of public utility 366.04
Jurisdiction of commission 366.05
Powers 366.06
Rates 366.07
Rates 366.08
Investigations, inspections 366.09
Incrimination at hearing of commission 366.10
Judicial review 366.11
Certain exemptions 366.13
Taxes, not affected 366.14
Regulatory assessment fees 366.015
Interagency liaison 366.15
Medically essential electric public utility service 366.031
Definitions 366.032
Preemption over utility service restrictions 366.041
Rate fixing 366.042
Mutual aid agreements of rural electric cooperatives and municipal electric utilities 366.051
Cogeneration 366.055
Availability of, and payment for, energy reserves 366.057
Retirement of electrical power plants 366.071
Interim rates 366.072
Rate adjustment orders 366.075
Experimental and transitional rates 366.076
Limited proceedings 366.80
Short title 366.81
Legislative findings and intent 366.82
Definition 366.83
Certain laws not applicable 366.91
Renewable energy 366.92
Florida renewable energy policy 366.93
Cost recovery for the siting, design, licensing, and construction of nuclear and integrated gasification combined cycle power plants 366.093
Public utility records 366.94
Electric vehicle charging 366.095
Penalties 366.95
Financing for certain nuclear generating asset retirement or abandonment costs 366.96
Storm protection plan cost recovery 366.97
Redundant poles 366.98
Public utility liability arising out of emergencies and disasters 366.99
Natural gas facilities relocation costs 366.125
Natural gas jurisdiction limits 366.825
Clean Air Act compliance 366.8255
Environmental cost recovery 366.8260
Storm-recovery financing

Current through Fall 2025

§ 366.051. Cogeneration; small power production; commission jurisdiction's source at flsenate​.gov