The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: CS/SB 1338
INTRODUCER: Community Affairs Committee and Senator Diaz
SUBJECT: Floating Solar Facilities
DATE: February 10, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sharon Imhof RI Favorable
2. Hunter Ryon CA Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1338, creates s. 163.32051, F.S., relating to floating solar facilities (FSF). The bill defines
“floating solar facility,” as a solar facility located on a wastewater treatment pond, abandoned
limerock mine area, or other manmade water storage reservoir.
The bill requires FSFs to be a permitted use in appropriate land use categories in each local
government’s comprehensive plan. Each local government must amend its development
regulations to promote the expanded use of FSFs.
The bill authorizes counties and municipalities to specify buffer and landscaping requirements,
but such requirements may not exceed those for similar uses involving solar facility construction
that is permitted in agricultural land use categories and zoning districts.
The bill prohibits FSF construction in an Everglades Agricultural Area reservoir project, if the
local governments involved determine that there would be a negative impact on that area or
project.
The bill requires the Office of Energy (OOE) within the Department of Agriculture and
Consumer Services (DACS) to develop and submit recommendations to the Legislature by
December 31, 2022, providing a regulatory framework for private and public sector entities that
implement FSFs.
REVISED: BILL: CS/SB 1338 Page 2
The bill is effective July 1, 2022.
II. Present Situation:
Renewable Energy
Florida law declares it to be 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
Section 377.803, F.S., defines “renewable energy” to mean “electrical, mechanical, or thermal
energy produced from a method that uses one or more of the following fuels or energy sources:
hydrogen, biomass, solar energy, geothermal energy, wind energy, ocean energy, waste heat, or
hydroelectric power.”
2
Florida Energy Efficiency and Conservation Act
Under the Florida Energy Efficiency and Conservation Act (FEECA),
3
enacted in 1980, the
Legislature directed the Public Service Commission
4
(PSC) to develop and adopt programs for
increasing energy efficiency and conservation, intending, in part, that solar energy and renewable
energy sources be encouraged.
5
The Legislature’s goal is to advance the conservation of
expensive resources, such as petroleum fuels, in order to reduce and control electric
consumption.
6
Renewable Portfolio Standards and Goals
Renewable portfolio standards (RPS) are policies, either voluntary or formal, designed to
increase the use of renewable energy sources for electricity generation.
7
RPS policies require that
1
Section 366.92, F.S.
2
See also s. 366.91, F.S.
3
Sections 366.80-366.85, F.S.
4
The PSC is an arm of the Legislature and its role is to ensure that Florida’s consumers receive utility services, including
electric, natural gas, telephone, water, and wastewater, in a safe, reasonable, and reliable manner. To do so, the PSC exercises
regulatory authority over public utilities. Section 350.001, F.S; Florida Public Service Commission, The PSC’s Role,
http://www.psc.state.fl.us (last visited Jan. 28, 2022).
5
Section 366.81, F.S.
6
Id.
7
U.S. Energy Information Administration, Renewable Energy Explained: Portfolio Standards,
https://www.eia.gov/energyexplained/renewable-sources/portfolio-
standards.php#:~:text=Renewable%20portfolio%20standards%20(RPS)%2C,energy%20sources%20for%20electricity%20ge
neration.&text=However%2C%20most%20states%20have%20enacted%20their%20own%20RPS%20programs (last visited
Jan. 28, 2022). BILL: CS/SB 1338 Page 3
a specified percentage of the electricity sold by utilities comes from renewable resources.
8
Currently, the U.S. does not have a national RPS.
9
However, most states have enacted their own
RPS programs. In recent years, state governments nationwide have revised their RPS policies to
require that a specified percent of electricity sold come from renewable sources.
10
Twelve states,
including Florida do not have either a formal renewable energy portfolio or a voluntary
renewable energy portfolio.
11
Solar Electrical Generation
Under current law, a solar facility is 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.
12
It consists principally of photovoltaic
modules, a mounting or racking system, power inverters, transformers, collection systems,
battery systems, fire suppression equipment, and associated components.
13
It may include
accessory administration or maintenance buildings, electric transmission lines, substations,
energy storage equipment, and related accessory uses and structures.
14
Americans overwhelmingly favor renewable energy and the cost of solar power has declined
rapidly in recent years.
15
However, utility-scale solar generation requires larger quantities of land
than traditional power plants.
16
Solar generation requires ten times the land per unit of power
produced than coal or natural gas plants.
17
This can make siting solar facilities challenging and
unpopular among residents in the area who do not want unsightly large scale projects near their
homes.
18
Floating Solar “Floatovoltaics”
Floating Solar, known colloquially as the portmanteau “floatovoltaics,” refers to a photovoltaic
system mounted on linked floating arrays.
19
Solar arrays may be installed across calm bodies of
water such as stormwater retention ponds, industrial pools, water reservoirs, small lakes, and
8
National Conference of State Legislatures, State Renewable Portfolio Standards and Goals,
https://www.ncsl.org/research/energy/renewable-portfolio-standards.aspx (last visited Jan. 28, 2022).
9
U.S. EIA, supra note 7.
10
Id.
11
Id.
12
Section 163.3205(a), F.S.
13
Section 163.3205(b), F.S.
14
Section 163.3205(c), F.S.
15
Samantha Gross, Renewables, land use, and local opposition in the United States, Jan. 2020,
https://www.brookings.edu/research/renewables-land-use-and-local-opposition-in-the-united-states/ (last visited
Jan. 28, 2022).
16
Id.
17
Id.
18
Id.
19
Florida Dept. of Agriculture and Consumer Services, 2022 Legislative Bill Analysis for SB 1338, p. 1 (Jan. 10, 2022) (on
file with the Senate Committee on Regulated Industries). BILL: CS/SB 1338 Page 4
other natural and manmade bodies of water.
20
The solar panels are affixed to a buoyant structure,
keeping the panels above the surface.
21
This technology was first patented in 2008.
22
The technology is predominantly installed in
countries such as Japan, China, and the U.K.
23
However, researchers at Department of Energy’s
National Renewable Energy Laboratory estimate that “installing floating solar photovoltaics on
the more than 24,000 man-made U.S. reservoirs could generate about 10 percent of the nation’s
annual electricity production.”
24
Floating Solar in Florida
In comparison to other states, Florida’s low-lying topography and abundant sunshine has the
greatest potential for energy generation from floating solar.
25
Researchers have identified a
subset of 172 manmade bodies of water capable of generating approximately 13.69 gigawatts of
energy.
26
Recently, Florida has seen floating solar panels installed in Altamonte Springs, Miami-Dade
County, and Orlando. The Altamonte Electric Authority, as its first project, installed a floating
solar array consisting of 2,430 panels, generating one megawatt of electricity, making it the
largest in Florida and the third largest in the United States.
27
Florida Power and Light Company
partnered with Miami-Dade County to install a 402-panel floating solar installation near Miami
International Airport,.
28
In Orlando, a collection of 360 solar panels, arranged in the shape of the airport’s logo which can
light up at night, was installed at Orlando International Airport in partnership with the Orlando
Utilities Commission.
29
The FSF is capable of powering about 14 homes.
30
Additionally, the
Orlando Utilities Commission began a pilot project in 2017, establishing a 31.5 kilowatt floating
solar array at its headquarters.
31
The Florida Solar Energy Center at the University of Central
20
Energy Sage, Floating Solar: What You Need to Know, https://news.energysage.com/floating-solar-what-you-need-to-
know/ (last visited Jan. 28, 2022).
21
Id.
22
Id.
23
Id.
24
National Renewable Energy Laboratory, News Release: NREL Details Great Potential for Floating PV Systems,
Dec. 27, 2018, https://www.nrel.gov/news/press/2018/nrel-details-great-potential-for-floating-pv-systems.html (last visited
Jan. 28, 2022).
25
DACS, supra note 19, at p. 2.
26
Id.
27
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 Jan. 28, 2022).
28
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
Jan. 28, 2022).
29
Jessica Albert, Fox 35 Orlando, Orlando International Airport Unveils Its 1st Floating Solar Array, Dec. 10, 2020,
https://www.fox35orlando.com/news/mco-debuts-floating-solar-array (last visited Jan. 28, 2022).
30
Id.
31
DACS, supra note 19, at p. 2; Southern Alliance for Clean Energy, Orlando/OUC “The Reliable One” Exhibiting Real
Leadership on Renewable Energy, Jan. 27, 2020, https://cleanenergy.org/blog/orlando-ouc-the-reliable-one-exhibiting-real-
leadership-on-renewable-energy/ (last visited Jan. 28, 2022). BILL: CS/SB 1338 Page 5
Florida is leading a nationwide team of researchers to study the effects of floating solar, with a
$1 million grant from the U.S. Department of Energy’s Solar Energy Technologies Office.
32
In 2021, the Solar Energy Technologies Office awarded a $1.5 million grant for a project located
in Tallahassee to develop a new racking system, which is easier to deploy and will advance
manufacturing for FSFs to improve U.S. competitiveness in the market.
33
The project will reduce
the cost of floating solar, making it similar to or less than the cost of solar systems mounted on
the ground.
34
Local Land Development and Comprehensive Plans
The Community Planning Act (act) directs the manner in which local governments create and
adopt their local comprehensive plans.
35
The act prescribes certain principles, guidelines,
standards, and strategies to allow for orderly and balanced future land development.
36
Section
163.3177, F.S., outlines the required and optional elements of a comprehensive plan and includes
provisions which govern agricultural lands and practices.
37
Section 163.3205(3), F.S., 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. Solar facilities must comply with setback and landscaped buffer
area criteria for similar uses in the agricultural district.
38
A county may adopt ordinances
specifying buffer and landscaping requirements for solar facilities.
39
Such requirements may not
exceed those for similar uses involving construction of other facilities permitted in agricultural
land use categories and zoning districts.
40
Everglades Agricultural Area
The South Florida Water Management District and the U.S. Army Corps of Engineers are
working on the Everglades Agricultural Area (EAA) Reservoir Project.
41
The EAA Reservoir
Project was conditionally authorized in the federal Water Resources Development Act of 2000 as
a component of The Comprehensive Everglades Restoration Plan.
42
32
Univ. of Central Florida, UCF Leads National Team to Study Floating Solar, Nov. 4, 2019, https://www.ucf.edu/news/ucf-
leads-national-team-to-study-floating-solar/ (last visited Jan, 28, 2022).
33
U.S. Dept. Energy, Solar Energy Technologies Office Fiscal Year 2021 Systems Integration and Hardware Incubator
Funding Program, https://www.energy.gov/eere/solar/solar-energy-technologies-office-fiscal-year-2021-systems-integration-
and-hardware (last visited Jan. 28, 2022).
34
Id.
35
Section 163.3167(2), F.S.
36
Id.
37
Section 163.3162, F.S.
38
Section 163.3205(3), F.S.
39
Section 163.3205 (4), F.S.
40
Section 163.3205(4), F.S.
41
South Florida Water Management District, Progress Continues on the Everglades Agricultural Area Reservoir Project,
https://www.sfwmd.gov/our-work/cerp-project-planning/eaa-reservoir (last visited Jan. 22, 2022).
42
Id. BILL: CS/SB 1338 Page 6
To accelerate progress on the project, the Legislature passed SB 10 (Reg. Sess. 2017).
43
The
project aims to construct a treatment wetland that will clean water and a reservoir that will store
excess water from Lake Okeechobee.
44
The Office of Energy
The Legislature created the OOE within the DACS to act as the energy policy and program
development office for the State of Florida.
45
According to the DACS, the OOE 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.
46
Moreover, the DACS is responsible for the administration of a number of programs relating to
energy infrastructure, including the Renewable Energy and Energy-Efficient Technologies
Grants Program,
47
the Energy Efficiency and Conservation Clearinghouse,
48
the Florida Green
Government Grants Act,
49
and the Natural Gas Fuel Fleet Vehicle Rebate Program.
50
Additionally the DACS has the statutory authority to allocate federal energy conservation
bonds
51
and to post information on its website relating to alternative fueling stations or electric
vehicle charging stations that are available for public use.
52
III. Effect of Proposed Changes:
The bill states the following legislative findings:
FSFs, “floatovoltaics,” can be effective tools in harnessing energy on manmade bodies of
water;
Siting FSFs on wastewater treatment ponds, abandoned limerock mine areas, and other water
storage reservoirs is a beneficial use of those areas, whereas the panels cool off in the water,
which can boost power production, and help decrease water lost to evaporation and the
formation of harmful algal blooms; and
Siting of FSFs should be encouraged by local governments as an appropriate use of water
and land areas.
43
Ch. 2017-10 Laws of Fla.
44
Id.
45
Section 377.805, F.S.; Florida Dept. Agriculture and Consumer Services, Office of Energy,
https://www.fdacs.gov/Divisions-Offices/Energy (last visited Jan. 28, 2022).
46
Id.
47
Section 377.804, F.S. (establishing the Renewable Energy and Energy-Efficient Technologies Grants Program “to provide
renewable energy matching grants for demonstration, commercialization, research, and development projects relating to
renewable energy technologies that significantly increase energy efficiency for vehicles and commercial buildings.”).
48
Section 377.805, F.S., (requiring the development of a clearinghouse of “information regarding cost savings associated
with various energy efficiency and conservation measures” in consultation with the PSC, the Florida Building Commission,
and the Florida Energy Systems Consortium).
49
Section 377.808, F.S., (directing the DACS to use appropriated funds to award grants that assist local governments and
school districts with development and implementation of programs aimed at achieving green standards).
50
Section 377.810, F.S., (establishing the program within the DACS to help reduce transportation costs and encourage freight
mobility investments contributing to the state’s economic growth).
51
Section 37.816, F.S.
52
Section 377.815, F.S. BILL: CS/SB 1338 Page 7
The bill creates s. 163.32051, F.S., relating to FSFs. The bill defines “floating solar facility,” as a
solar facility located on a wastewater treatment pond, abandoned limerock mine area, or other
manmade water storage reservoir.
The bill defines the term solar facility pursuant to s. 163.3205(2), which is a production facility
for electric power using photovoltaic modules to convert solar energy to electricity that may be
stored on site, delivered to a transmission system, and consumed primarily offsite. It consists
principally of photovoltaic modules, a mounting or racking system, power inverters,
transformers, collection systems, battery systems, fire suppression equipment, and associated
components. It may include accessory administration or maintenance buildings, electric
transmission lines, substations, energy storage equipment, and related accessory uses and
structures.
The bill requires FSFs to be a permitted use in appropriate land use categories in each local
government’s comprehensive plan. Each local government must amend its development
regulations to promote the use of FSFs.
The bill authorizes counties and municipalities to specify buffer and landscaping requirements,
but such requirements may not exceed those for similar uses involving solar facility construction
that is permitted in agricultural land use categories and zoning districts.
The bill prohibits FSF construction in an Everglades Agricultural Area reservoir project, if the
local governments involved determine that there would be a negative impact on that area or
project.
The bill requires the OOE within the DACS to develop and submit recommendations to the
Legislature by December 31, 2022, providing a regulatory framework for private and public
sector entities that implement floating solar facilities.
The bill is effective July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, section 18 (a) of the Florida Constitution provides in part that a county or
municipality may not be bound by a general law requiring a county or municipality to
spend funds or take an action that requires the expenditure of funds unless certain
specified exemptions or exceptions are met. Local governments may need to spend funds
to amend their land development regulations to promote the expanded use of floating
solar facilities and to recognize such facilities as a permitted use in the appropriate land
use categories in a comprehensive plan. However, the mandates requirements do not BILL: CS/SB 1338 Page 8
apply to laws that have an insignificant impact,
53,
54
which is $2.3 million or less for
Fiscal Year 2022-2023.
55
If the bill does qualify as a mandate, in order to be binding upon cities and counties, the
bill must contain a finding of important state interest and be approved by a two-thirds
vote of the membership of each house of the Legislature.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may result in a positive fiscal impact to the private sector by stimulating
installation of FSFs and may result in an increase in jobs, profit, manufacturing, and
services associated with FSFs.
C. Government Sector Impact:
The DACS does not anticipate that the bill will result in a fiscal impact and should be
able to implement the reporting requirement with existing OOE staff.
56
The bill may have
an impact on local government expenditures due to the requirement for local
governments to amend their land development regulations.
53
FLA. CONST. art. VII, s. 18(d).
54
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last
visited Feb. 7, 2022).
55
Based on the Demographic Estimating Conference’s population adopted on March 3, 2021. The conference packet is
available at http://edr.state.fl.us/Content/conferences/population/ConferenceResults.pdf (last visited Feb. 7, 2022).
56
DACS, supra note 19, at p. 3. BILL: CS/SB 1338 Page 9
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 163.32051 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on February 8:
The CS includes municipalities in the provision that allows counties to adopt an
ordinance specifying buffer and landscaping requirements for floating solar facilities. The
CS also removes the Lake Belt Area from the subsection providing where floating solar
facilities may not be constructed under certain circumstances.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.