Florida 2024 2024 Regular Session

Florida House Bill H1645 Introduced / Bill

Filed 01/09/2024

                       
 
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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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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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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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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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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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 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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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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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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 (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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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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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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 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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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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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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 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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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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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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 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