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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 energy resources; creating s. 2
163.3210, F.S.; providing legislative intent; 3
providing definitions; allowing resiliency facilities 4
in certain land use categories in local government 5
comprehensive plans and specified districts if certain 6
criteria are met; allowing local governments to adopt 7
ordinances for resiliency facilities if certain 8
requirements are met; prohibiting amendments to a 9
local government's comprehensive plan, land use map, 10
zoning districts, or land development regulations in a 11
manner that would conflict with resiliency facility 12
classification after a specified date; amending s. 13
286.29, F.S.; revising energy guidelines for public 14
businesses; eliminating the requirement that the 15
Department of Management Services develop and mai ntain 16
the Florida Climate-Friendly Preferred Products List; 17
eliminating the requirement that state agencies 18
contract for meeting and conference space only with 19
facilities that have a Green Lodging designations; 20
eliminating the requirement that state agenci es, state 21
universities, community colleges, and local 22
governments that procure new vehicles under a state 23
purchasing plan select certain vehicles under a 24
specified circumstance; requiring the Department of 25
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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
Management Services to develop a Florida Humane 26
Preferred Energy Products List in consultation with 27
the Department of Commerce and the Department of 28
Agriculture and Consumer Services; providing for 29
assessment considerations in developing the list; 30
defining the term "forced labor"; requiring state 31
agencies and political subdivisions that procure 32
energy products from state term contracts to consult 33
the list and purchase or procure such products; 34
prohibiting state agencies and political subdivisions 35
from purchasing or procuring products not included in 36
the list; creating 320.97, F.S.; providing legislative 37
findings; creating the Electric Vehicle Battery 38
Deposit Program within the Department of Highway 39
Safety and Motor Vehicles; providing the requirements 40
of the program; allowing the department to adopt 41
rules; providing definitions; requiring the Department 42
of Highway Safety and Motor Vehicles to prepare and 43
submit a report to the Governor and the Legislature as 44
it relates to the Electric Vehicle Battery Deposit 45
Program by a specified date; amending s. 338.234, 46
F.S.; requiring the Department of Highway Safety and 47
Motor Vehicles to offer access to vendors of certain 48
fuels or services access to the turnpike system in 49
certain instances; amending s. 366.032, F.S.; 50
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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
including development districts as a type of politica l 51
subdivision for purposes of preemption over utility 52
service restrictions; amending s. 366.04, F.S.; 53
revising the jurisdiction of the Florida Public 54
Service Commission; creating s. 366.057, F.S.; 55
defining the term "electrical power plant"; requiring 56
a public utility to petition the Florida Public 57
Service Commission within a specified time before 58
retiring an electrical power plant; requiring the 59
commission to enter a final order in response to the 60
petition within a specified time; setting forth what 61
the commission must take into consideration in 62
entering its final order; requiring the commission to 63
notify the Attorney General of the retirement of an 64
electrical power plant in specified circumstances; 65
amending s. 366.94, F.S.; removing terminology; 66
conforming provisions to changes made by the act; 67
authorizing the commission upon a specified date to 68
approve voluntary public utility programs for electric 69
vehicle charging if certain requirements are met; 70
requiring that all revenues received from such program 71
be credited to the public utility's general body of 72
ratepayers; providing applicability; amending s. 73
377.601, F.S.; revising legislative intent; amending 74
s. 377.6015, F.S.; revising the powers and duties of 75
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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
the department; conforming provisions to changes made 76
by the act; amending s. 377.703, F.S.; revising 77
additional functions of the department relating to 78
energy resources; conforming provisions to changes 79
made by the act; repealing s. 377.801, F.S., relating 80
to the Florida Energy and Climate Protection Act; 81
repealing s. 377.802, F.S., relating to the purpose of 82
the act; repealing s. 377.803, F.S., relating to 83
definitions under the act; repealing s. 377.804, F.S., 84
relating to the Renewable Energy and Energy -Efficient 85
Technologies Grants Program; repealing s. 377 .808, 86
F.S., relating to the Florida Green Government Grants 87
Act; repealing s. 377.809, F.S., relating to the 88
Energy Economic Zone Pilot Program; repealing s. 89
377.816, F.S., relating to the Qualified Energy 90
Conservation Bond Allocation Program; prohibiting the 91
approval of new or additional applications, 92
certifications, or allocations under such programs; 93
prohibiting new contracts, agreements, and awards 94
under such programs; rescinding all certifications or 95
allocations issued under such programs; providing an 96
exception; providing application relating to existing 97
contracts or agreements under such programs; amending 98
ss. 288.9606 and 380.0651, F.S.; conforming provisions 99
to changes made by the act; amending s. 403.9405, 100
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F.S.; revising the applicability of the Na tural Gas 101
Transmission Pipeline Siting Act; amending s. 102
720.3075, F.S.; prohibiting certain homeowners' 103
association documents from precluding certain types or 104
fuel sources of energy production and the use of 105
certain appliances; directing the commission to ensure 106
that electrical energy technologies are used in a 107
specified manner through market -based policies and 108
electric grid improvements; requiring the commission 109
to develop specified policies for smart energy; 110
requiring that such policies also address the 111
modernization of the state's electric grid and ensure 112
that equipment used is manufactured in the United 113
States or countries engaged in commerce within the 114
United States pursuant to free trade agreements; 115
requiring the commission by a specified date to submi t 116
a report to the Legislature that contains such 117
established policies; requiring the commission to 118
conduct an assessment of the security and resiliency 119
of the state's electric grid and natural gas 120
facilities against physical threats and cyber threats; 121
requiring the commission to consult with the Florida 122
Digital Service; requiring cooperation from all 123
operating facilities in the state relating to such 124
assessment; requiring the commission to submit by a 125
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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
specified date a report of such assessment to the 126
Governor and the Legislature; providing additional 127
content requirements for such report; requiring the 128
commission to study and evaluate the technical and 129
economic feasibility of using advanced nuclear power 130
technologies to meet the electrical power needs of the 131
state; requiring the commission to submit by a 132
specified date a report to the Governor and the 133
Legislature that contains its findings and any 134
additional recommendations for potential legislative 135
or administrative actions; requiring the Department of 136
Transportation, in consultation with the Office of 137
Energy within the Department of Agriculture and 138
Consumer Services, to study and evaluate the potential 139
development of hydrogen fueling infrastructure to 140
support hydrogen-powered vehicles; requiring the 141
department to submit by a specified date a report to 142
the Governor and the Legislature that contains its 143
findings and recommendations for specified actions 144
that may accommodate the future development of 145
hydrogen fueling infrastructure; providing effective 146
dates. 147
148
Be It Enacted by the Legislature of the State of Florida: 149
150
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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
Section 1. Section 163.3210, Florida Statutes, is created 151
to read: 152
163.3210 Natural gas resiliency and reliability 153
infrastructure.- 154
(1) It is the intent of the Legislature to maintain, 155
encourage, and ensure adequate and reliable fuel sources for 156
public utilities. The resiliency and reliability of fuel sources 157
for public utilities is critical to the state's economy; the 158
ability of the state to recover from natural disasters; and to 159
the health, safety, welfare, and quality of life of the 160
residents of the state. 161
(2) As used in this section, the term: 162
(a) "Natural gas" means all forms of fuel commonly or 163
commercially known or sold as natural gas, including compressed 164
natural gas and liquefi ed natural gas. 165
(b) "Natural gas reserve" means a facility that is capable 166
of storing and transporting and, when operational, actively 167
stores and transports a supply of natural gas. 168
(c) "Public utility" has the same meaning as defined in s. 169
366.02. 170
(d) "Resiliency facility" means a facility owned and 171
operated by a public utility for the purposes of assembling, 172
creating, holding, securing, or deploying natural gas reserves 173
for temporary use during a system outage or natural disaster. 174
(3) A resiliency facility is a permitted use in all 175
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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
commercial, industrial, and manufacturing land use categories in 176
a local government comprehensive plan and all commercial, 177
industrial, and manufacturing districts. A resiliency facility 178
must comply with the setback and l andscape criteria for other 179
similar uses. A local government may adopt an ordinance 180
specifying buffer and landscaping requirements for resiliency 181
facilities, provided such requirements do not exceed the 182
requirements for similar uses involving the construct ion of 183
other facilities that are permitted uses in commercial, 184
industrial, and manufacturing land use categories and zoning 185
districts. 186
(4) After July 1, 2024, a local government may not amend 187
its comprehensive plan, land use map, zoning districts, or lan d 188
development regulations in a manner that would conflict with a 189
resiliency facility's classification as a permitted and 190
allowable use, including, but not limited to, an amendment that 191
causes a resiliency facility to be a nonconforming use, 192
structure, or development. 193
Section 2. Section 286.29, Florida Statutes, is amended to 194
read: 195
286.29 Energy guidelines for Climate-friendly public 196
business.—The Legislature recognizes the importance of 197
leadership by state government in the area of energy efficiency 198
and in reducing the greenhouse gas emissions of state government 199
operations. The following shall pertain to all state agencies 200
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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
when conducting public business: 201
(1) The Department of Management Services shall develop 202
the "Florida Climate -Friendly Preferred Products List." In 203
maintaining that list, the department, in consultation with the 204
Department of Environmental Protection, shall continually assess 205
products currently available for purchase under state term 206
contracts to identify specific products and vend ors that offer 207
clear energy efficiency or other environmental benefits over 208
competing products. When procuring products from state term 209
contracts, state agencies shall first consult the Florida 210
Climate-Friendly Preferred Products List and procure such 211
products if the price is comparable. 212
(2) State agencies shall contract for meeting and 213
conference space only with hotels or conference facilities that 214
have received the "Green Lodging" designation from the 215
Department of Environmental Protection for best practices in 216
water, energy, and waste efficiency standards, unless the 217
responsible state agency head makes a determination that no 218
other viable alternative exists. 219
(1)(3) Each state agency shall ensure that all maintained 220
vehicles meet minimum maintenanc e schedules shown to reduce fuel 221
consumption, which include: 222
(a) Ensuring appropriate tire pressures and tread depth .; 223
(b) Replacing fuel filters and emission filters at 224
recommended intervals .; 225
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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
(c) Using proper motor oils .; and 226
(d) Performing timely motor maintenance. 227
228
Each state agency shall measure and report compliance to the 229
Department of Management Services through the Equipment 230
Management Information System database. 231
(4) When procuring new vehicles, all state agencies, state 232
universities, community colleges, and local governments that 233
purchase vehicles under a state purchasing plan shall first 234
define the intended purpose for the vehicle and determine which 235
of the following use classes for which the vehicle is being 236
procured: 237
(a) State business travel, designated operator; 238
(b) State business travel, pool operators; 239
(c) Construction, agricultural, or maintenance work; 240
(d) Conveyance of passengers; 241
(e) Conveyance of building or maintenance materials and 242
supplies; 243
(f) Off-road vehicle, motorcycle, or all -terrain vehicle; 244
(g) Emergency response; or 245
(h) Other. 246
247
Vehicles described in paragraphs (a) through (h), when being 248
processed for purchase or leasing agreements, must be selected 249
for the greatest fuel efficiency available for a g iven use class 250
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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
when fuel economy data are available. Exceptions may be made for 251
individual vehicles in paragraph (g) when accompanied, during 252
the procurement process, by documentation indicating that the 253
operator or operators will exclusively be emergency first 254
responders or have special documented need for exceptional 255
vehicle performance characteristics. Any request for an 256
exception must be approved by the purchasing agency head and any 257
exceptional performance characteristics denoted as a part of the 258
procurement process prior to purchase. 259
(2)(5) All state agencies shall use ethanol and biodiesel 260
blended fuels when available. State agencies administering 261
central fueling operations for state -owned vehicles shall 262
procure biofuels for fleet needs to the great est extent 263
practicable. 264
(3)(a) The Department of Management Services shall, in 265
consultation with the Department of Commerce and the Department 266
of Agriculture and Consumer Services, develop a Florida Humane 267
Preferred Energy Products List. In developing th e list, the 268
department must assess products currently available for purchase 269
under state term contracts that contain or consist of an energy 270
storage device with a capacity of greater than one kilowatt or 271
that contain or consist of an energy generation devi ce with a 272
capacity of greater than 500 kilowatts and identify specific 273
products that appear to be largely made free from forced labor, 274
irrespective of the age of the worker. For purposes of this 275
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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
subsection, the term "forced labor" means any work performed or 276
service rendered that is: 277
1. Obtained by intimidation, fraud, or coercion, including 278
by threat of serious bodily harm to, or physical restraint 279
against, a person, by means of a scheme intended to cause the 280
person to believe that if he or she does not perform such labor 281
or render such service, the person will suffer serious bodily 282
harm or physical restraint, or by means of the abuse or 283
threatened abuse of law or the legal process; 284
2. Imposed on the basis of a characteristic that has been 285
held by the United States Supreme Court or the Florida Supreme 286
Court to be protected against discrimination under the 287
Fourteenth Amendment to the United States Constitution or under 288
s. 2, Art. I of the State Constitution, including race, color, 289
national origin, religi on, gender, or physical disability; 290
3. Not performed or rendered voluntarily by a person; or 291
4. In violation of the Child Labor Law or otherwise 292
performed or rendered through oppressive child labor. 293
(b) When procuring the types of energy products des cribed 294
in paragraph (a) from state term contracts, state agencies and 295
political subdivisions shall first consult the Florida Humane 296
Preferred Energy Products List and may not purchase or procure 297
products not included in the list. 298
Section 3. Effective J uly 1, 2025, section 320.97, Florida 299
Statutes, is created to read: 300
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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
320.97 Electric vehicle battery deposit program. — 301
(1) The Legislature finds that the state has a compelling 302
interest in facilitating the proper disposal and recycling of 303
electric vehicle batteries at the end of their useful lives. 304
(2) The Electric Vehicle Battery Deposit Program is 305
created within the department. 306
(a) The department, in consultation with industry experts, 307
shall develop and implement the program to provide for the 308
collection of a deposit on electric vehicle batteries by a: 309
1. Motor vehicle dealer, as defined in s. 320.27(1)(c), 310
which sells at retail an electric vehicle not previously 311
registered in the state; or 312
2. Motor vehicle repair shop, as defined in s. 559 .903, 313
which sells an electric vehicle battery at retail in the state, 314
315
based on the electric vehicle battery's gross capacity as 316
measured in kilowatt hours (kWh). 317
(b) For purposes of paragraph (a), the deposit amount is: 318
1. For an electric vehicle batt ery with a gross capacity 319
less than or equal to 50 kWh: $500. 320
2. For an electric vehicle battery with a gross capacity 321
greater than 50 kWh but less than or equal to 100 kWh: $750. 322
3. For an electric vehicle battery with a capacity greater 323
than 100 kWh: $1,000. 324
(c) For purposes of paragraph (a), the department must 325
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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
designate the means by which the deposit must be held until it 326
can be refunded to the titleholder of an electric vehicle in 327
which the battery is installed upon proof of the relinquishment 328
or sale of the electric vehicle or electric vehicle battery to a 329
motor vehicle dealer or motor vehicle repair shop. 330
(d) The program shall allow a fire department which 331
handles an electric vehicle battery fire to claim the deposit 332
that the titleholder of th e electric vehicle in which the 333
battery fire occurred would otherwise be entitled to receive 334
under the program in order to assist with additional costs 335
associated with extinguishing electric vehicle battery fires. 336
(e) The program shall provide a means by which the 337
titleholder of the electric vehicle may recover the deposit 338
under the program upon providing proof of relocation to another 339
state, sale of the electric vehicle to an out -of-state resident, 340
or theft of the electric vehicle or electric vehicle bat tery. 341
(3) The department may adopt rules to implement this 342
section. 343
(4) For the purposes of this section, the term: 344
(a) "Electric vehicle" has the same meaning as provided in 345
s. 320.01(36). 346
(b) "Electric vehicle battery" means a rechargeable 347
storage battery which is the exclusive source of power to an 348
electric motor in an electric vehicle. 349
(c) "Motor vehicle" has the same meaning as provided in s. 350
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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
320.01(1). 351
Section 4. (a) By December 1, 2024, the Department of 352
Highway Safety and Motor Vehic les shall prepare and submit a 353
report to the Governor, the President of the Senate, and the 354
Speaker of the House of Representatives which: 355
1. Specifies the terms of the Electric Vehicle Battery 356
Deposit Program consistent with s. 320.97, Florida Statutes. 357
2. Identifies any implementation issues. 358
3. Makes recommendations on any further legislation that 359
may be necessary. 360
(b) The report shall contain recommendations on how the 361
state may further facilitate proper electric vehicle battery 362
disposal and recycling. 363
Section 5. Subsection (2) of section 338.234, Florida 364
Statutes, is renumbered as subsection (3) and a new subsection 365
(2) is added to that section, to read: 366
338.234 Granting concessions or selling along the turnpike 367
system; immunity from taxat ion.— 368
(2) If the department enters or has entered into a 369
contract or license with a vendor to allow for the sale of motor 370
fuel or charging services along the turnpike system, the 371
department must offer access to potential vendors of other motor 372
vehicle fuels or repowering services along the turnpike system, 373
including, but not limited to, hydrogen, compressed natural gas, 374
and liquefied natural gas. 375
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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
Section 6. Subsections (1), (2), and (5) of section 376
366.032, Florida Statutes, are amended to read: 377
366.032 Preemption over utility service restrictions. — 378
(1) A municipality, county, special district, development 379
district, or other political subdivision of the state may not 380
enact or enforce a resolution, ordinance, rule, code, or policy 381
or take any action that restricts or prohibits or has the effect 382
of restricting or prohibiting the types or fuel sources of 383
energy production which may be used, delivered, converted, or 384
supplied by the following entities to serve customers that such 385
entities are authorized t o serve: 386
(a) A public utility or an electric utility as defined in 387
this chapter; 388
(b) An entity formed under s. 163.01 that generates, 389
sells, or transmits electrical energy; 390
(c) A natural gas utility as defined in s. 366.04(3)(c); 391
(d) A natural gas transmission company as defined in s. 392
368.103; or 393
(e) A Category I liquefied petroleum gas dealer or 394
Category II liquefied petroleum gas dispenser or Category III 395
liquefied petroleum gas cylinder exchange operator as defined in 396
s. 527.01. 397
(2) Except to the extent necessary to enforce the Florida 398
Building Code adopted pursuant to s. 553.73 or the Florida Fire 399
Prevention Code adopted pursuant to s. 633.202, a municipality, 400
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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
county, special district, development district, or other 401
political subdivision of t he state may not enact or enforce a 402
resolution, an ordinance, a rule, a code, or a policy or take 403
any action that restricts or prohibits or has the effect of 404
restricting or prohibiting the use of an appliance, including a 405
stove or grill, which uses the typ es or fuel sources of energy 406
production which may be used, delivered, converted, or supplied 407
by the entities listed in subsection (1). As used in this 408
subsection, the term "appliance" means a device or apparatus 409
manufactured and designed to use energy and for which the 410
Florida Building Code or the Florida Fire Prevention Code 411
provides specific requirements. 412
(5) Any municipality, county, special district, 413
development district, or political subdivision charter, 414
resolution, ordinance, rule, code, policy, or action that is 415
preempted by this act that existed before or on July 1, 2021, is 416
void. 417
Section 7. Subsection (10) is added to section 366.04, 418
Florida Statutes, to read: 419
366.04 Jurisdiction of commission. — 420
(10) In the exercise of its jurisdiction, th e commission, 421
without specific legislative authority, may not authorize a 422
public utility to expand the scope of its regulated business 423
activity to include direct sales of energy to a consumer solely 424
for the consumer's use in powering means of transportatio n owned 425
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by the consumer. This provision does not apply to limited or 426
pilot programs approved by the commission before January 1, 427
2024. 428
Section 8. Section 366.057, Florida Statutes, is created 429
to read: 430
366.057 Retirement of electrical power plant. - 431
(1) For purposes of this section, the term "electrical 432
power plant" means any steam or solar electrical generating 433
facility that uses any process or fuel, including nuclear 434
materials, with a capacity of 75 megawatts or more. The term 435
also includes all asso ciated facilities necessary for the 436
continued operation of the electrical power plant, such as 437
facilities that are physically connected to the electrical power 438
plant and facilities that are used to connect the electrical 439
power plant to an existing transmis sion network. 440
(2) Before retiring an electrical power plant, a public 441
utility must petition the commission for approval to retire the 442
plant, giving not less than 30 days' notice thereof. 443
(3) The commission shall enter a final order approving, 444
approving with conditions, or denying a petition within 180 days 445
after receiving the petition. In making its determination, the 446
commission must take into account the impact of the proposed 447
electrical power plant retirement on: 448
(a) Electric system reliability, res ilience, and 449
integrity. 450
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(b) The ability to provide adequate electricity at a 451
reasonable cost, including potential rate impacts. 452
(c) Fuel diversity and supply reliability. 453
(d) The use of domestic energy resources, including 454
renewable energy resources. 455
(e) The state's energy policy goals in s. 377.601(2). 456
(4) If the commission determines that the basis for 457
retirement of an electrical power plant is a requirement or 458
inducement provided in a proposed or actual federal regulation 459
and that such retireme nt is inconsistent with the state's energy 460
policy goals in s. 377.601(2), the commission shall inform the 461
Attorney General and provide technical support to the Attorney 462
General, as needed, to address the inconsistency. 463
Section 9. Section 366.94, Florid a Statutes, is amended to 464
read: 465
366.94 Electric vehicle charging stations.— 466
(1) The provision of electric vehicle charging to the 467
public by a nonutility is not the retail sale of electricity for 468
the purposes of this chapter. The rates, terms, and condi tions 469
of electric vehicle charging services by a nonutility are not 470
subject to regulation under this chapter. This section does not 471
affect the ability of individuals, businesses, or governmental 472
entities to acquire, install, or use an electric vehicle char ger 473
for their own vehicles. 474
(2) The Department of Agriculture and Consumer Services 475
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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
shall adopt rules to provide definitions, methods of sale, 476
labeling requirements, and price -posting requirements for 477
electric vehicle charging stations to allow for consistency for 478
consumers and the industry. 479
(3)(a) It is unlawful for a person to stop, stand, or park 480
a vehicle that is not capable of using an electrical recharging 481
station within any parking space specifically designated for 482
charging an electric vehicle. 483
(b) If a law enforcement officer finds a motor vehicle in 484
violation of this subsection, the officer or specialist shall 485
charge the operator or other person in charge of the vehicle in 486
violation with a noncriminal traffic infraction, punishable as 487
provided in s. 316.008(4) or s. 318.18. 488
(4) The commission may approve voluntary public utility 489
programs to become effective on or after January 1, 2025, for 490
residential, customer -specific electric vehicle charging if the 491
commission determines that the rates and rate structure of the 492
program will not adversely impact the public utility's general 493
body of ratepayers. All revenues received from the program must 494
be credited to the public utility's retail ratepayers. This 495
provision does not preclude cost recovery for electric vehicle 496
charging programs approved by the commission before January 1, 497
2024. 498
Section 10. Section 377.601, Florida Statutes, is amended 499
to read: 500
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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
377.601 Legislative intent. — 501
(1) The purpose of the state's energy policy is to ensure 502
an adequate and reliable supply of energy for the state in a 503
manner that promotes the health and welfare of the public and 504
economic growth. The Legislature intends that governance of the 505
state's energy policy be efficiently directed toward achieving 506
this purpose. The Legislature finds that the state's energy 507
security can be increased by lessening dependence on foreign 508
oil; that the impacts of global climate change can be reduced 509
through the reduction of greenhouse gas emissions; and that the 510
implementation of alternative energy technologies can be a 511
source of new jobs and employment opportunities for many 512
Floridians. The Legislature further finds that the state is 513
positioned at the front line against potential impacts of global 514
climate change. Human and economi c costs of those impacts can be 515
averted by global actions and, where necessary, adapted to by a 516
concerted effort to make Florida's communities more resilient 517
and less vulnerable to these impacts. In focusing the 518
government's policy and efforts to benefit a nd protect our 519
state, its citizens, and its resources, the Legislature believes 520
that a single government entity with a specific focus on energy 521
and climate change is both desirable and advantageous. Further, 522
the Legislature finds that energy infrastructure provides the 523
foundation for secure and reliable access to the energy supplies 524
and services on which Florida depends. Therefore, there is 525
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significant value to Florida consumers that comes from 526
investment in Florida's energy infrastructure that increases 527
system reliability, enhances energy independence and 528
diversification, stabilizes energy costs, and reduces greenhouse 529
gas emissions. 530
(2) For the purposes of subsection (1), the state's energy 531
policy must be guided by the following goals: 532
(a) Ensuring a cost-effective and affordable energy 533
supply. 534
(b) Ensuring adequate supply and capacity. 535
(c) Ensuring a secure, resilient, and reliable energy 536
supply, with an emphasis on a diverse supply of domestic energy 537
resources. 538
(d) Protecting public safety. 539
(e) Ensuring consumer choice. 540
(f) Protecting the state's natural resources, including 541
its coastlines, tributaries, and waterways. 542
(g) Supporting economic growth. 543
(3)(2) In furtherance of the goals in subsection (2), it 544
is the policy of the State of Flo rida to: 545
(a) Develop and Promote the cost-effective development and 546
effective use of a diverse supply of domestic energy resources 547
in the state and, discourage all forms of energy waste, and 548
recognize and address the potential of global climate change 549
wherever possible. 550
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(b) Promote the cost-effective development and maintenance 551
of energy infrastructure that is resilient to natural and 552
manmade threats to the security and reliability of the state's 553
energy supply. Play a leading role in developing and inst ituting 554
energy management programs aimed at promoting energy 555
conservation, energy security, and the reduction of greenhouse 556
gas emissions. 557
(c) Reduce reliance on foreign energy resources. 558
(d)(c) Include energy considerations in all state, 559
regional, and local planning. 560
(e)(d) Utilize and manage effectively energy resources 561
used within state agencies. 562
(f)(e) Encourage local governments to include energy 563
considerations in all planning and to support their work in 564
promoting energy management programs. 565
(g)(f) Include the full participation of citizens in the 566
development and implementation of energy programs. 567
(h)(g) Consider in its decisions the energy needs of each 568
economic sector, including residential, industrial, commercial, 569
agricultural, and gover nmental uses, and reduce those needs 570
whenever possible. 571
(i)(h) Promote energy education and the public 572
dissemination of information on energy and its impacts in 573
relation to the goals in subsection (2) environmental, economic, 574
and social impact. 575
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(j)(i) Encourage the research, development, demonstration, 576
and application of domestic energy resources, including the use 577
of alternative energy resources, particularly renewable energy 578
resources. 579
(k)(j) Consider, in its decisionmaking, the impacts of 580
energy-related activities on the goals in subsection (2) social, 581
economic, and environmental impacts of energy -related 582
activities, including the whole -life-cycle impacts of any 583
potential energy use choices, so that detrimental effects of 584
these activities are understood and minimized. 585
(l)(k) Develop and maintain energy emergency preparedness 586
plans to minimize the effects of an energy shortage within the 587
state Florida. 588
Section 11. Subsections (2) of section 377.6015, Florida 589
Statutes, is amended to read: 590
377.6015 Department of Agriculture and Consumer Services; 591
powers and duties.— 592
(2) The department shall: 593
(a) Administer the Florida Renewable Energy and Energy -594
Efficient Technologies Grants Program pursuant to s. 377.804 to 595
assure a robust grant portfolio. 596
(a)(b) Develop policy for requiring grantees to provide 597
royalty-sharing or licensing agreements with state government 598
for commercialized products developed under a state grant. 599
(c) Administer the Florida Green Government Grants Act 600
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pursuant to s. 377.808 and set annual priorities for grants. 601
(b)(d) Administer the information gathering and reporting 602
functions pursuant to ss. 377.601 -377.608. 603
(e) Administer the provisions of the Florida Energy and 604
Climate Protection Act pursuant to ss. 377.801-377.804. 605
(c)(f) Advocate for energy and climate change issues 606
consistent with the goals in s. 377.601(2) and provide 607
educational outreach and technical assistance in cooperation 608
with the state's academic institutions. 609
(d)(g) Be a party in the proceedings to adopt goals and 610
submit comments to the Public Service Commission pursuant to s. 611
366.82. 612
(e)(h) Adopt rules pursuant to chapter 120 in order to 613
implement all powers and duties described in this section. 614
Section 12. Subsection (1) and paragraphs (e), (f), and 615
(m) of subsection (2) of section 377.703, Florida Statutes, are 616
amended to read: 617
377.703 Additional functions of the Department of 618
Agriculture and Consumer Services. — 619
(1) LEGISLATIVE INTENT. —Recognizing that energy supply and 620
demand questions have become a major area of concern to the 621
state which must be dealt with by effective and well -coordinated 622
state action, it is the intent of the Legislature to promote the 623
efficient, effective, and economical management of energy 624
problems, centralize energy coordination responsibilities, 625
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pinpoint responsibility for conducting energy programs, and 626
ensure the accountability of state agencies for the 627
implementation of s. 377.601 s. 377.601(2), the state energy 628
policy. It is the specific inten t of the Legislature that 629
nothing in this act shall in any way change the powers, duties, 630
and responsibilities assigned by the Florida Electrical Power 631
Plant Siting Act, part II of chapter 403, or the powers, duties, 632
and responsibilities of the Florida Pub lic Service Commission. 633
(2) DUTIES.—The department shall perform the following 634
functions, unless as otherwise provided, consistent with the 635
development of a state energy policy: 636
(e) The department shall analyze energy data collected and 637
prepare long-range forecasts of energy supply and demand in 638
coordination with the Florida Public Service Commission, which 639
is responsible for electricity and natural gas forecasts. To 640
this end, the forecasts shall contain: 641
1. An analysis of the relationship of state ec onomic 642
growth and development to energy supply and demand, including 643
the constraints to economic growth resulting from energy supply 644
constraints. 645
2. Plans for the development of renewable energy resources 646
and reduction in dependence on depletable energy resources, 647
particularly oil and natural gas, and An analysis of the extent 648
to which domestic energy resources, including renewable energy 649
sources, are being utilized in the state. 650
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3. Consideration of alternative scenarios of statewide 651
energy supply and demand for 5, 10, and 20 years to identify 652
strategies for long-range action, including identification of 653
potential impacts in relation to the goals in s. 377.601(2) 654
social, economic, and environmental effects . 655
4. An assessment of the state's energy resour ces, 656
including examination of the availability of commercially 657
developable and imported fuels, and an analysis of anticipated 658
impacts in relation to the goals in s. 377.601(2) effects on the 659
state's environment and social services resulting from energy 660
resource development activities or from energy supply 661
constraints, or both. 662
(f) The department shall submit an annual report to the 663
Governor and the Legislature reflecting its activities and 664
making recommendations for policies for improvement of the 665
state's response to energy supply and demand and its effect on 666
the health, safety, and welfare of the residents of this state. 667
The report must include a report from the Florida Public Service 668
Commission on electricity and natural gas and information on 669
energy conservation programs conducted and underway in the past 670
year and include recommendations for energy efficiency and 671
conservation programs for the state, including: 672
1. Formulation of specific recommendations for improvement 673
in the efficiency of energy utiliz ation in governmental, 674
residential, commercial, industrial, and transportation sectors. 675
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2. Collection and dissemination of information relating to 676
energy efficiency and conservation. 677
3. Development and conduct of educational and training 678
programs relating to energy efficiency and conservation. 679
4. An analysis of the ways in which state agencies are 680
seeking to implement s. 377.601 s. 377.601(2), the state energy 681
policy, and recommendations for better fulfilling this policy. 682
(m) In recognition of the d evastation to the economy of 683
this state and the dangers to the health and welfare of 684
residents of this state caused by severe hurricanes, and the 685
potential for such impacts caused by other natural disasters, 686
the Division of Emergency Management shall inclu de in its energy 687
emergency contingency plan and provide to the Florida Building 688
Commission for inclusion in the Florida Energy Efficiency Code 689
for Building Construction specific provisions to facilitate the 690
use of cost-effective solar energy technologies a s emergency 691
remedial and preventive measures for providing electric power, 692
street lighting, and water heating service in the event of 693
electric power outages. 694
Section 13. Sections 377.801, 377.802, 377.803, 377.804, 695
377.808, 377.809, and 377.816, Florid a Statutes, are repealed. 696
Section 14. (1) For programs established pursuant to ss. 697
377.804, 377.808, 377.809, or s. 377.816, Florida Statutes, 698
there may not be: 699
(a) New or additional applications, certifications, or 700
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allocations approved. 701
(b) New letters of certification issued. 702
(c) New contracts or agreements executed. 703
(d) New awards made. 704
(2) All certifications or allocations issued under such 705
programs are rescinded except for the certifications of, or 706
allocations to, those certified ap plicants or projects that 707
continue to meet the applicable criteria in effect before July 708
1, 2024. Any existing contract or agreement authorized under any 709
of these programs shall continue in full force and effect in 710
accordance with the statutory requirement s in effect when the 711
contract or agreement was executed or last modified. However, 712
further modifications, extensions, or waivers may not be made or 713
granted relating to such contracts or agreements, except 714
computations by the Department of Revenue of the in come 715
generated by or arising out of the qualifying project. 716
Section 15. Subsection (7) of section 288.9606, Florida 717
Statutes, is amended to read: 718
288.9606 Issue of revenue bonds. — 719
(7) Notwithstanding any provision of this section, the 720
corporation in its corporate capacity may, without authorization 721
from a public agency under s. 163.01(7), issue revenue bonds or 722
other evidence of indebtedness under this section to: 723
(a) Finance the undertaking of any project within the 724
state that promotes renewable energy as defined in s. 366.91 or 725
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s. 377.803; 726
(b) Finance the undertaking of any project within the 727
state that is a project contemplated or allowed under s. 406 of 728
the American Recovery and Reinvestment Act of 2009; or 729
(c) If permitted by federal law, finance qualifying 730
improvement projects within the state under s. 163.08 ; or. 731
(d) Finance the costs of acquisition or construction of a 732
transportation facility by a private entity or consortium of 733
private entities under a public -private partnership agreement 734
authorized by s. 334.30. 735
Section 16. Paragraph (w) of subsection (2) of section 736
380.0651, Florida Statutes, is amended to read: 737
380.0651 Statewide guideline s, standards, and exemptions. — 738
(2) STATUTORY EXEMPTIONS. —The following developments are 739
exempt from s. 380.06: 740
(w) Any development in an energy economic zone designated 741
pursuant to s. 377.809 upon approval by its local governing 742
body. 743
744
If a use is exempt from review pursuant to paragraphs (a) -(u), 745
but will be part of a larger project that is subject to review 746
pursuant to s. 380.06(12), the impact of the exempt use must be 747
included in the review of the larger project, unless such exempt 748
use involves a development that includes a landowner, tenant, or 749
user that has entered into a funding agreement with the state 750
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land planning agency under the Innovation Incentive Program and 751
the agreement contemplates a state award of at least $50 752
million. 753
Section 17. Subsection (2) of section 403.9405, Florida 754
Statutes, is amended to read: 755
403.9405 Applicability; certification; exemption; notice 756
of intent.— 757
(2) No construction of A natural gas transmission pipeline 758
may not be constructed be undertaken after October 1, 1992, 759
without first obtaining certification under ss. 403.9401 -760
403.9425, but these sections do not apply to: 761
(a) Natural gas transmission pipelines which are less than 762
100 15 miles in length or which do not cross a county line, 763
unless the applicant h as elected to apply for certification 764
under ss. 403.9401-403.9425. 765
(b) Natural gas transmission pipelines for which a 766
certificate of public convenience and necessity has been issued 767
under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 768
natural gas transmission pipeline certified as an associated 769
facility to an electrical power plant pursuant to the Florida 770
Electrical Power Plant Siting Act, ss. 403.501 -403.518, unless 771
the applicant elects to apply for certification of that pipeline 772
under ss. 403.9401-403.9425. 773
(c) Natural gas transmission pipelines that are owned or 774
operated by a municipality or any agency thereof, by any person 775
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primarily for the local distribution of natural gas, or by a 776
special district created by special act to distribute natu ral 777
gas, unless the applicant elects to apply for certification of 778
that pipeline under ss. 403.9401 -403.9425. 779
Section 18. Subsection (3) of section 720.3075, Florida 780
Statutes, is amended to read: 781
720.3075 Prohibited clauses in association documents. — 782
(3) Homeowners' association documents, including 783
declarations of covenants, articles of incorporation, or bylaws, 784
may not preclude: 785
(a) The display of up to two portable, removable flags as 786
described in s. 720.304(2)(a) by property owners. However, al l 787
flags must be displayed in a respectful manner consistent with 788
the requirements for the United States flag under 36 U.S.C. 789
chapter 10. 790
(b) Types or fuel sources of energy production which may 791
be used, delivered, converted, or supplied by the following 792
entities to serve customers within the association that such 793
entities are authorized to serve: 794
1. A public utility or an electric utility as defined in 795
this chapter; 796
2. An entity formed under s. 163.01 that generates, sells, 797
or transmits electrical ene rgy; 798
3. A natural gas utility as defined in s. 366.04(3)(c); 799
4. A natural gas transmission company as defined in s. 800
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368.103; or 801
5. A Category I liquefied petroleum gas dealer, a Category 802
II liquefied petroleum gas dispenser, or a Category III 803
liquefied petroleum gas cylinder exchange operator as defined in 804
s. 527.01. 805
(c) The use of an appliance, including a stove or grill, 806
which uses the types or fuel sources of energy production which 807
may be used, delivered, converted, or supplied by the entities 808
listed in paragraph (b). As used in this paragraph, the term 809
"appliance" means a device or apparatus manufactured and 810
designed to use energy and for which the Florida Building Code 811
or the Florida Fire Prevention Code provides specific 812
requirements. 813
Section 19. (1) Recognizing the continued development and 814
growth of markets for technologies that allow businesses and 815
consumers to generate, store, and manage electrical energy for 816
their own use, and recognizing that the use of these 817
technologies has the pot ential to significantly impact the 818
electric grid and consumer choice, the Legislature directs the 819
Public Service Commission to ensure that these technologies are 820
used in a manner that best maintains the integrity of the state 821
electricity grid through marke t-based policies for consumers and 822
public utilities and through electric grid improvements that 823
ensure the safe, reliable, and cost -effective use of electrical 824
power from these technologies. Specifically, the commission 825
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shall develop policies that establis h programs and rate 826
mechanisms for smart energy demand response and for customer -827
owned generation and energy storage exported to the grid or used 828
to enhance grid stability or resilience and reduce costs, such 829
that financial benefits are shared among users of these 830
technologies, public utilities, and their general body of 831
ratepayers based on the value provided by and to each party. The 832
policies shall also address the modernization of the state's 833
electric grid to ensure that the necessary infrastructure is in 834
place to implement these programs and rate mechanisms. The 835
policies must ensure that equipment used by utilities and 836
consumers to implement and participate in these programs and 837
rate mechanisms is manufactured in the United States or in 838
countries engaged in commerce with the United States pursuant to 839
free trade agreements. 840
(2) By January 1, 2024, the commission shall submit a 841
report to the Legislature that contains the policies developed 842
pursuant to this section, including the basis for each policy 843
and any matters that the commission deems relevant for the 844
Legislature's consideration in evaluating these policies. Such 845
policies may not be implemented until approved by the 846
Legislature, with the exception of limited pilot projects and 847
programs. 848
Section 20. (1) The Public Service Commission shall 849
conduct an assessment of the security and resiliency of the 850
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state's electric grid and natural gas facilities against both 851
physical threats and cyber threats. The commission shall consult 852
with the Florida Digital Service in assessing cyber threats. All 853
electric utilities, natural gas utilities, and natural gas 854
pipelines operating in this state, regardless of ownership 855
structure, shall cooperate with the commission to provide access 856
to all information nece ssary to conduct the assessment. 857
(2) By January 1, 2025, the commission shall submit a 858
report of its assessment to the Governor, the President of the 859
Senate, and the Speaker of the House of Representatives. The 860
report must also contain any recommendation s for potential 861
legislative or administrative actions that may enhance the 862
physical security or cyber security of the state's electric grid 863
or natural gas facilities. 864
Section 21. (1) Recognizing the evolution and advances 865
that have occurred and contin ue to occur in nuclear power 866
technologies, the Public Service Commission shall study and 867
evaluate the technical and economic feasibility of using 868
advanced nuclear power technologies, including small modular 869
reactors, to meet the electrical power needs of t he state, and 870
research means to encourage and foster the installation and use 871
of such technologies at military installations in the state. 872
(2) By January 1, 2025, the commission shall prepare and 873
submit a report to the Governor, the President of the Sena te, 874
and the Speaker of the House of Representatives, containing its 875
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findings and any recommendations for potential legislative or 876
administrative actions that may enhance the use of advanced 877
nuclear technologies in a manner consistent with the energy 878
policy goals in s. 377.601(2), Florida Statutes. 879
Section 22. (1) Recognizing the continued development of 880
technologies that support the use of hydrogen as a 881
transportation fuel and the potential for such use to help meet 882
the state's energy policy goals in s . 377.601(2), Florida 883
Statutes, the Department of Transportation, in consultation with 884
the Office of Energy within the Department of Agriculture and 885
Consumer Services, shall study and evaluate the potential 886
development of hydrogen fueling infrastructure, i ncluding 887
fueling stations, to support hydrogen -powered vehicles that use 888
the state highway system. 889
(2) By January 1, 2025, the department shall prepare and 890
submit a report to the Governor, the President of the Senate, 891
and the Speaker of the House of Repr esentatives, containing its 892
findings and any recommendations for potential legislative or 893
administrative actions that may accommodate the future 894
development of hydrogen fueling infrastructure in a manner 895
consistent with the energy policy goals in s. 377.60 1(2), 896
Florida Statutes. 897
Section 23. Except as otherwise provided in this act, this 898
act shall take effect July 1, 2024. 899