CS/HB 1281 2023
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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.; prohibiting 3
certain local governmental entities, subject to 4
specified exceptions, from enacting or enforcing a 5
resolution, ordinance, rule, code, or policy or from 6
taking any action that restricts or prohibits or has 7
the effect of restricting or prohibiting the use of 8
any major appliances; revising an exception to 9
preemption; providing an effective 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 pr esent 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, rule, 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
CS/HB 1281 2023
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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 customers 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 in 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 as defined in 37
s. 527.01. 38
(2) Except to the extent necessary to enforce the Florida 39
Building Code adopted pursuant to s. 553.73 or the Florida Fire 40
Prevention Code adopted pursuant to s. 633.202, a municipality, 41
county, special district, or other political subdivision of the 42
state may not enact or enforce a resolution, ordinance, rule, 43
code, or policy or take any action that restricts or prohibits 44
or has the effect of restricting or prohibiting the use of any 45
major appliances, including a stove or grill, which uses the 46
types or fuel sources of energy production which may be used, 47
delivered, converted, or supplied by the entities listed in 48
subsection (1). 49
(3)(2) Notwithstanding the restrictions of this section, 50
CS/HB 1281 2023
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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
this section does not prevent the board of a municipality or 51
governmental entity which owns or operates and directly controls 52
an electric or natural gas utility , from passing rules, 53
regulations, or policies governing the utility. 54
Section 2. This act shall tak e effect July 1, 2023. 55