Florida Senate - 2023 CS for SB 1256 By the Committee on Community Affairs; and Senator Collins 578-03556-23 20231256c1 1 A bill to be entitled 2 An act relating to preemption over utility service 3 restrictions; amending s. 366.032, F.S.; prohibiting 4 certain local governmental entities, subject to 5 specified exceptions, from enacting or enforcing a 6 resolution, an ordinance, a rule, a code, or a policy 7 or from taking any action that restricts or prohibits 8 or has the effect of restricting or prohibiting the 9 use of appliances; revising an exception to 10 preemption; defining the term appliance; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Present subsections (2) through (4) of section 16 366.032, Florida Statutes, are redesignated as subsections (3) 17 through (5), respectively, a new subsection (2) is added to that 18 section, and present subsection (2) of that section is amended, 19 to read: 20 366.032Preemption over utility service restrictions. 21 (2)Except to the extent necessary to enforce the Florida 22 Building Code adopted pursuant to s. 553.73 or the Florida Fire 23 Prevention Code adopted pursuant to s. 633.202, a municipality, 24 county, special district, or other political subdivision of the 25 state may not enact or enforce a resolution, an ordinance, a 26 rule, a code, or a policy or take any action that restricts or 27 prohibits or has the effect of restricting or prohibiting the 28 use of an appliance, including a stove or grill, which uses the 29 types or fuel sources of energy production which may be used, 30 delivered, converted, or supplied by the entities listed in 31 subsection (1). As used in this subsection, the term appliance 32 means a device or apparatus manufactured and designed to use 33 energy and for which the Florida Building Code or the Florida 34 Fire Prevention Code provides specific requirements. 35 (3)(2)Notwithstanding the restrictions of this section, 36 this section does not prevent the board of a municipality or 37 governmental entity which owns or operates and directly controls 38 an electric or natural gas utility, from passing rules, 39 regulations, or policies governing the utility. 40 Section 2.This act shall take effect July 1, 2023.