CS/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, an ordinance, a rule, a code, or a policy 6
or from taking any action that restricts or prohibits 7
or has the effect of restricting or prohibiting the 8
use of appliances; revising an exception to 9
preemption; defining the term "appliance"; providing 10
an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Subsections (2) through (4) of section 366.032, 15
Florida Statutes, are renumbered as (3) through (5), 16
respectively, subsection (1) and present subsection (2) are 17
amended, and a new subsection (2) is added to that section, to 18
read: 19
366.032 Preemption over utility service restrictions. — 20
(1) A municipality, county, special district, or other 21
political subdivision of the state may not enact or enforce a 22
resolution, ordinance, rule, code, or policy or take any action 23
that restricts or prohibits or has the effect of restricting or 24
prohibiting the types or fuel sources of energy production which 25
CS/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
may be used, delivered, converted, or supplied by the following 26
entities to serve customers that such entities are authorized to 27
serve: 28
(a) A public utility or an electric utility as defined in 29
this chapter; 30
(b) An entity formed under s. 163.01 that generates, 31
sells, or transmits electrical energy; 32
(c) A natural gas utility as defined in s. 366.04(3)(c); 33
(d) A natural gas transmission company as defined in s. 34
368.103; or 35
(e) A Category I liquefied petroleum gas dealer or 36
Category II liquefied petroleum gas dispenser or Category III 37
liquefied petroleum gas cylinder exchange operator as defined in 38
s. 527.01. 39
(2) Except to the extent necessary to enforce the Florida 40
Building Code adopted pursuant to s. 553.73 or the Florida Fire 41
Prevention Code adopted pursuant to s. 633.202, a municipality, 42
county, special district, or other political subdivision of the 43
state may not enact or enforce a resolution, an ordinance, a 44
rule, a code, or a policy or take any action that restricts or 45
prohibits or has the effect of restricting or prohibiting the 46
use of an appliance, including a stove or grill, which uses the 47
types or fuel sources of energy production which may be used, 48
delivered, converted, or supplied by the entities listed in 49
subsection (1). As used in this subsection, the ter m "appliance" 50
CS/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
means a device or apparatus manufactured and designed to use 51
energy and for which the Florida Building Code or the Florida 52
Fire Prevention Code provides specific requirements. 53
(3)(2) Notwithstanding the restrictions of this section, 54
this section does not prevent the board of a municipality or 55
governmental entity which owns or operates and directly controls 56
an electric or natural gas utility , from passing rules, 57
regulations, or policies governing the utility. 58
Section 2. This act shall tak e effect July 1, 2023. 59