HB 1281 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1281-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to preemption over utility service 2
restrictions; amending. s. 366.032, F.S.; preventing 3
certain local governmental entities from enacting or 4
enforcing a resolution, ordinance, rule, code, or 5
policy or from taking any action that restricts or 6
prohibits or has the effect of restricting or 7
prohibiting the use of any major appliances; revising 8
an exception to preemption; providing an effective 9
date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsections (2) through (4) of section 366.032, 14
Florida Statutes, are renumbered as (3) through (5), 15
respectively, subsection (1) and present subsection (2) are 16
amended, and a new subsection (2) is added to that section, to 17
read: 18
366.032 Preemption over utility service restrictions. — 19
(1) A municipality, county, special district, or other 20
political subdivision of the state may not enact or enforce a 21
resolution, ordinance, ru le, code, or policy or take any action 22
that restricts or prohibits or has the effect of restricting or 23
prohibiting the types or fuel sources of energy production which 24
may be used, delivered, converted, or supplied by the following 25
HB 1281 2023
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hb1281-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
entities to serve custom ers that such entities are authorized to 26
serve: 27
(a) A public utility or an electric utility as defined in 28
this chapter; 29
(b) An entity formed under s. 163.01 that generates, 30
sells, or transmits electrical energy; 31
(c) A natural gas utility as defined i n s. 366.04(3)(c); 32
(d) A natural gas transmission company as defined in s. 33
368.103; or 34
(e) A Category I liquefied petroleum gas dealer or 35
Category II liquefied petroleum gas dispenser or Category III 36
liquefied petroleum gas cylinder exchange operator a s defined in 37
s. 527.01. 38
(2) A municipality, county, special district, or other 39
political subdivision of the state may not enact or enforce a 40
resolution, ordinance, rule, code, or policy or take any action 41
that restricts or prohibits or has the effect of restricting or 42
prohibiting the use of any major appliances, including a stove 43
or grill, which uses the types or fuel sources of energy 44
production which may be used, delivered, converted, or supplied 45
by the entities listed in subsection (1). 46
(3)(2) Notwithstanding the restrictions of this section, 47
this section does not prevent the board of a municipality or 48
governmental entity which owns or operates and directly controls 49
an electric or natural gas utility , from passing rules, 50
HB 1281 2023
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hb1281-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regulations, or policies gover ning the utility. 51
Section 2. This act shall take effect July 1, 2023. 52