This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1411e.COM
DATE: 2/17/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1411 Floating Solar Facilities
SPONSOR(S): Commerce Committee, Local Administration & Veterans Affairs Subcommittee, Avila
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1338
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N Walsh Keating
2) Local Administration & Veterans Affairs
Subcommittee
16 Y, 0 N, As CS Leshko Miller
3) Commerce Committee 16 Y, 0 N, As CS Walsh Hamon
SUMMARY ANALYSIS
Florida law declares that it is the intent of the Legislature to promote the development of renewable energy.
Current law states that solar energy is one of the fuel or energy sources, from which energy can be produced,
that qualifies as “renewable energy.”
The Community Planning Act (act) directs the manner in which local governments create and adopt their local
comprehensive plans. Current law requires solar facilities to be a permitted use in all agricultural land use
categories in a local government’s comprehensive plan and all agricultural zoning districts within an
unincorporated area.
Floating solar, also known as floatovoltaics, is a relatively new concept that refers to any type of solar array that
floats atop a body of water. Floating solar panels are affixed to a buoyant structure that keeps them above the
surface of the water. In recent years, different entities around Florida have deployed floating solar facilities.
The bill promotes the use of floating solar facilities by requiring each local government to allow these facilities as
a permitted use under certain conditions and amend its land development regulations to promote the use of
floating solar. Under the bill, counties and municipalities may adopt ordinances specifying buffer and landscaping
requirements for floating solar facilities, however, such requirements may not exceed the requirements for similar
uses involving the construction of other solar facilities that are permitted uses in agricultural land use categories
and zoning districts
The bill states that a floating solar facility may not be constructed in an Everglades Agricultural Area reservoir
project if the local governments involved with the project determine that the facility will have a negative impact
on that project.
Under the bill, the Office of Energy within the Department of Agriculture and Consumer Services is tasked with
submitting recommendations to the Legislature to provide a regulatory framework to private and public sector
entities that implement floating solar facilities.
The bill does not effect state or local government revenues or state government expenditures. The bill may have
an insignificant fiscal impact on local government expenditures.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h1411e.COM PAGE: 2
DATE: 2/17/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Renewable Energy
Florida law declares that it is the intent of the Legislature to:
Promote the development of renewable energy;
Protect the economic viability of Florida’s existing renewable energy facilities;
Diversify the types of fuel used to generate electricity in Florida;
Lessen Florida’s dependence on natural gas and fuel oil for the production of electricity;
Minimize the volatility of fuel costs;
Encourage investment within the state;
Improve environmental conditions; and
Minimize the costs of power supply to electric utilities and their customers.
1
Current law defines “renewable energy” as electrical energy produced from a method that
uses one or more of the following fuels or energy sources:
Hydrogen produced from sources other than fossil fuels;
Biomass;
Solar energy;
Geothermal energy;
Wind Energy;
Ocean energy; and
Hydroelectric power.
2
Solar Facilities
Florida law defines the term “solar facility” as a production facility for electric power which:
Uses photovoltaic modules to convert solar energy to electricity that may be stored on site,
delivered to a transmission system, and consumed primarily offsite;
Consists principally of photovoltaic modules, a mounting or racking system, power inverters,
transformers, collection systems, battery systems, fire suppression equipment, and associated
components; and
May include accessory administration or maintenance buildings, electric transmission lines,
substations, energy storage equipment, and related accessory uses and structures.
3
A utility-scale solar generation system requires larger quantities of land per unit of power produced than
traditional power plants.
4
Solar generation facilities require “at least [ten] times as much land per unit of
power produced than coal or natural gas-fired power plants.”
5
As a result of the large scale nature of such
projects, siting solar facilities can be challenging and viewed as unpopular by those who do not want
these large projects near their homes.
6
Local Land Development and Comprehensive Plans
1
S. 366.92, F.S. See also S. 377.601(2)(i), F.S.
2
S. 366.91, F.S.
3
S. 163.3205(2), F.S.
4
Samantha Gross, Renewables, land use, and local opposition in the United States,
https://www.brookings.edu/research/renewables-land-use-and-local-opposition-in-the-united-states/ (last visited Feb. 15,
2022).
5
Id.
6
Id. STORAGE NAME: h1411e.COM PAGE: 3
DATE: 2/17/2022
The Community Planning Act (act) directs the manner in which local governments create and adopt
their local comprehensive plans.
7
Comprehensive plans prescribe certain principles, guidelines,
standards, and strategies to allow for orderly and balanced future land development.
8
Current law
outlines the required and optional elements of a comprehensive plan and includes provisions which
govern agricultural lands and practices.
9
Current law requires solar facilities to be a permitted use in all agricultural land use categories in a local
government’s comprehensive plan and all agricultural zoning districts within an unincorporated area.
10
Solar facilities must comply with setback and landscaped buffer area criteria for similar uses in the
agricultural district and allows a county to adopt ordinances specifying buffer and landscaping
requirements for facilities.
11
Such requirements may not exceed those for similar uses involving
construction of other facilities permitted in agricultural land use categories and zoning districts.
12
Floating Solar Facilities
Floating solar, also known as floatovoltaics, is a relatively new concept that refers to any type of solar
array that floats atop a body of water. Floating solar panels are affixed to a buoyant structure that
keeps them above the surface of the water. Lakes, basins, and manmade bodies of water, such as
reservoirs, are ideal for floating solar, because the waters are generally calm compared to the ocean.
Since the technology was first patented in 2008, floating solar has predominately been installed in
countries such as Japan, China, and the U.K.
13
In recent years, floating solar panels have made a splash in Florida waters. For example, the Altamonte
Electric Authority, which serves Altamonte Springs, Florida, unveiled a floating solar array that
generates one megawatt of electricity, making it the largest in Florida and the third largest in the United
States.
14
Florida Power and Light Company partnered with Miami-Dade County to launch a 402-panel
floating solar installation near Miami International Airport.
15
Orlando International Airport recently
unveiled its first floating solar array, which is a collection of 360 solar panels that can power about 14
homes.
16
The Everglades Agricultural Area
The South Florida Water Management District and the U.S. Army Corps of Engineers are working on
the Everglades Agricultural Area Reservoir Project. The project aims to construct a treatment wetland
that will clean water and a reservoir that will store excess water from Lake Okeechobee.
17
The Office of Energy
The Legislature created the Office of Energy within the Department of Agriculture and Consumer
7
S. 163.3167(2), F.S.
8
S. 163.3177, F.S.
9
Ss. 163.3177 and 163.3162, F.S.
10
S. 163.3205(3), F.S.
11
S. 163.3205(3) and (4), F.S.
12
S. 163.3205(4), F.S.
13
Floating solar: what you need to know, EnergySage, https://news.energysage.com/floating-solar-what-you-need-to-
know/ (last visited Feb. 15, 2022).
14
Altamonte Electric Utility, The City of Altamonte Springs Invests In Renewable Energy to Power the Future, p. 1,
available at http://www.altamonte.org/DocumentCenter/View/8800/AEU-Solar-Array-Info-Sheet (last visited Feb. 15,
2022).
15
Victoria Lewis, FPL launches nation's first floating solar array at Miami International Airport, WPTV (Jan. 29, 2020),
https://www.wptv.com/news/state/fpl-launches-nations-first-floating-solar-array-at-miami-international-airport (last visited
Feb. 15, 2022).
16
Jessica Albert, Orlando International Airport unveils its 1st floating solar array, Fox 35 Orlando (Dec. 10, 2020),
https://www.fox35orlando.com/news/mco-debuts-floating-solar-array (last visited Feb. 15, 2022).
17
Progress Continues on the Everglades Agricultural Area Reservoir Project, South Florida Water Management District,
https://www.sfwmd.gov/our-work/cerp-project-planning/eaa-reservoir (last visited Feb. 15, 2022). STORAGE NAME: h1411e.COM PAGE: 4
DATE: 2/17/2022
Services to act as the energy policy and program development office for the State of Florida. The Office
of Energy evaluates energy-related studies, analyses and stakeholder input to recommend energy
policies and programs that will move Florida toward a more diverse, stable, and reliable energy
portfolio.
18
Effect of Proposed Changes
The bill promotes the use of floating solar facilities by requiring each local government to allow these
facilities as a permitted use under certain conditions and amend its land development regulations to
promote the use of floating solar.
The bill provides legislative findings that:
Floating solar facilities can be effective tools in harnessing energy in certain bodies of water;
Siting floating solar facilities on wastewater treatment ponds, abandoned limerock mine areas,
stormwater treatment ponds, reclaimed water ponds, and other water storage reservoirs is a
beneficial use of those areas for many reasons; and
Siting floating solar facilities should be encouraged by local governments as appropriate uses of
water and land areas.
The bill defines “floating solar facility” as a solar facility, as defined in s. 163.3205(2), F.S., which is
located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment
ponds, reclaimed water ponds, or other water storage reservoirs.
Under the bill, each local government must allow floating solar facilities as a permitted use in the
appropriate land use categories in its comprehensive plan. Each local government must amend its
land development regulations to promote the expanded use of floating solar facilities.
The bill allows counties and municipalities to adopt ordinances specifying buffer and landscaping
requirements for floating solar facilities, however, such requirements may not exceed the requirements
for similar uses involving the construction of other solar facilities that are permitted uses in agricultural
land use categories and zoning districts.
Under the bill, a floating solar facility may not be constructed in an Everglades Agricultural Area
reservoir project if the local governments involved with the project determine that the facility will have a
negative impact on that project.
The bill tasks the Office of Energy within the Department of Agriculture and Consumer Services with
submitting recommendations to the Legislature by December 31, 2022, to provide a regulatory
framework to private and public sector entities that implement floating solar facilities.
B. SECTION DIRECTORY:
Section 1: Creates s. 163.32051, F.S., relating to floating solar facilities.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
18
Office of Energy, Florida Department of Agriculture and Consumer Services, https://www.fdacs.gov/Divisions-
Offices/Energy (last visited Feb. 15, 2022). STORAGE NAME: h1411e.COM PAGE: 5
DATE: 2/17/2022
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an insignificant impact on local government expenditures due to the requirement
for local governments to amend their land development regulations.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 7, 2022, the Local Administration & Veterans Affairs Subcommittee adopted an amendment
and reported the bill favorably as a committee substitute. The amendment allows for a municipality to adopt
an ordinance regarding buffer and landscaping requirements for floating solar facilities. The amendment
removes the Lake Belt Area as an area where these facilities cannot be constructed if the local government
determines it will have a negative impact. Additionally, the amendment limits the local government input
regarding construction in an Everglades Agricultural Area reservoir project to those governments involved
in the project and specifies they must find that there will be a negative impact on the project, as opposed to
just the area.
On February 17, 2022, the Commerce Committee adopted an amendment and reported the bill favorably
as a committee substitute. The amendment clarifies that a “floating solar facility” includes a solar facility
located on a stormwater treatment pond or a reclaimed water pond and conforms the legislative findings to
reflect this change.
This analysis is drafted to the committee substitute as passed by the Commerce Committee.
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DATE: 2/17/2022