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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 fo r public 14
businesses; eliminating the requirement that the 15
Department of Management Services develop and maintain 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 agencies, state 21
universities, community colleges, and local 22
governments that procure new vehicles under a state 23
purchasing plan select certain vehicles und er 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; amending s. 366.032, F.S.; including 37
development districts as a type of political 38
subdivision for purposes of preemption over utility 39
service restrictions; amending s. 366.04, F.S.; 40
revising the jurisdiction of the Florida Public 41
Service Commission; amending s. 366.94, F.S.; removing 42
terminology; conforming provisions to changes made by 43
the act; authorizing the commission upon a specified 44
date to approve voluntary public utility programs for 45
electric vehicle charging if certain requirements are 46
met; requiring that all revenues received from such 47
program be credited to the public utility's general 48
body of ratepayers; providing applicability; creating 49
s. 366.99, F.S.; providing definitions; authorizing 50
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public utilities to submit to the commission a 51
petition for a proposed cost recovery for certain 52
natural gas facilities relocation costs; requiring the 53
commission to conduct annual proceedings to determi ne 54
each utility's prudently incurred natural gas 55
facilities relocation costs and to allow for the 56
recovery of such costs; providing requirements for the 57
commission's review; providing requirements for the 58
allocation of such recovered costs; requiring the 59
commission to adopt rules; providing a timeframe for 60
such rulemaking; amending s. 377.601, F.S.; revising 61
legislative intent; amending s. 377.6015, F.S.; 62
revising the powers and duties of the department; 63
conforming provisions to changes made by the act; 64
amending s. 377.703, F.S.; revising additional 65
functions of the department relating to energy 66
resources; conforming provisions to changes made by 67
the act; repealing s. 377.801, F.S., relating to the 68
Florida Energy and Climate Protection Act; repealing 69
s. 377.802, F.S., relating to the purpose of the act; 70
repealing s. 377.803, F.S., relating to definitions 71
under the act; repealing s. 377.804, F.S., relating to 72
the Renewable Energy and Energy -Efficient Technologies 73
Grants Program; repealing s. 377.808, F.S., rel ating 74
to the Florida Green Government Grants Act; repealing 75
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s. 377.809, F.S., relating to the Energy Economic Zone 76
Pilot Program; repealing s. 377.816, F.S., relating to 77
the Qualified Energy Conservation Bond Allocation 78
Program; prohibiting the approval of new or additional 79
applications, certifications, or allocations under 80
such programs; prohibiting new contracts, agreements, 81
and awards under such programs; rescinding all 82
certifications or allocations issued under such 83
programs; providing an exception; pro viding 84
application relating to existing contracts or 85
agreements under such programs; amending ss. 220.193, 86
288.9606, and 380.0651, F.S.; conforming provisions to 87
changes made by the act; amending s. 403.9405, F.S.; 88
revising the applicability of the Natural Gas 89
Transmission Pipeline Siting Act; amending s. 90
720.3075, F.S.; prohibiting certain homeowners' 91
association documents from precluding certain types or 92
fuel sources of energy production and the use of 93
certain appliances; requiring the commission to 94
conduct an assessment of the security and resiliency 95
of the state's electric grid and natural gas 96
facilities against physical threats and cyber threats; 97
requiring the commission to consult with the Division 98
of Emergency Management and the Florida Digital 99
Service; requiring cooperation from all operating 100
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facilities in the state relating to such assessment; 101
requiring the commission to submit by a specified date 102
a report of such assessment to the Governor and the 103
Legislature; providing additional content requiremen ts 104
for such report; requiring the commission to study and 105
evaluate the technical and economic feasibility of 106
using advanced nuclear power technologies to meet the 107
electrical power needs of the state; requiring the 108
commission to research means to encourage and foster 109
the installation and use of such technologies at 110
military installations in partnership with public 111
utilities; requiring the commission to consult with 112
the Department of Environmental Protection and the 113
Division of Emergency Management; requiring the 114
commission to submit by a specified date a report to 115
the Governor and the Legislature that contains its 116
findings and any additional recommendations for 117
potential legislative or administrative actions; 118
requiring the Department of Transportation, in 119
consultation with the Office of Energy within the 120
Department of Agriculture and Consumer Services, to 121
study and evaluate the potential development of 122
hydrogen fueling infrastructure to support hydrogen -123
powered vehicles; requiring the department to submit 124
by a specified date a report to the Governor and the 125
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Legislature that contains its findings and 126
recommendations for specified actions that may 127
accommodate the future development of hydrogen fueling 128
infrastructure; providing effective dates. 129
130
Be It Enacted by the Legislature of the State of Florida: 131
132
Section 1. Section 163.3210, Florida Statutes, is created 133
to read: 134
163.3210 Natural gas resiliency and reliability 135
infrastructure.- 136
(1) It is the intent of the Legislature to maintain, 137
encourage, and ensure adequate and reliable fuel sources for 138
public utilities. The resiliency and reliability of fuel sources 139
for public utilities is critical to the state's economy; the 140
ability of the state to recover from natural disasters; and the 141
health, safety, welfare , and quality of life of the residents of 142
the state. 143
(2) As used in this section, the term: 144
(a) "Natural gas" means all forms of fuel commonly or 145
commercially known or sold as natural gas, including compressed 146
natural gas and liquefied natural gas. 147
(b) "Natural gas reserve" means a facility that is capable 148
of storing and transporting and, when operational, actively 149
stores and transports a supply of natural gas. 150
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(c) "Public utility" has the same meaning as defined in s. 151
366.02. 152
(d) "Resiliency faci lity" means a facility owned and 153
operated by a public utility for the purposes of assembling, 154
creating, holding, securing, or deploying natural gas reserves 155
for temporary use during a system outage or natural disaster. 156
(3) A resiliency facility is a perm itted use in all 157
commercial, industrial, and manufacturing land use categories in 158
a local government comprehensive plan and all commercial, 159
industrial, and manufacturing districts. A resiliency facility 160
must comply with the setback and landscape criteria f or other 161
similar uses. A local government may adopt an ordinance 162
specifying buffer and landscaping requirements for resiliency 163
facilities, provided such requirements do not exceed the 164
requirements for similar uses involving the construction of 165
other facilities that are permitted uses in commercial, 166
industrial, and manufacturing land use categories and zoning 167
districts. 168
(4) After July 1, 2024, a local government may not amend 169
its comprehensive plan, land use map, zoning districts, or land 170
development regulations in a manner that would conflict with a 171
resiliency facility's classification as a permitted and 172
allowable use, including, but not limited to, an amendment that 173
causes a resiliency facility to be a nonconforming use, 174
structure, or development. 175
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Section 2. Section 286.29, Florida Statutes, is amended to 176
read: 177
286.29 Energy guidelines for Climate-friendly public 178
business.—The Legislature recognizes the importance of 179
leadership by state government in the area of energy efficiency 180
and in reducing the greenhouse gas emissions of state government 181
operations. The following shall pertain to all state agencies 182
when conducting public business: 183
(1) The Department of Management Services shall develop 184
the "Florida Climate -Friendly Preferred Products List." In 185
maintaining that list, the department, in consultation with the 186
Department of Environmental Protection, shall continually assess 187
products currently available for purchase under state term 188
contracts to identify specific products and vendors that offer 189
clear energy efficiency or other environmental benefits over 190
competing products. When procuring products from state term 191
contracts, state agencies shall first consult the Florida 192
Climate-Friendly Preferred Products List and procure such 193
products if the price is comparable. 194
(2) State agencies shall contract for meeting and 195
conference space only with hotels or conference facilities that 196
have received the "Green Lodging" designation from the 197
Department of Environmental Protection for best practices in 198
water, energy, and waste efficiency standards, unless the 199
responsible state agency head makes a determination that no 200
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other viable alternative exists. 201
(1)(3) Each state agency shall ensure that all maintain ed 202
vehicles meet minimum maintenance schedules shown to reduce fuel 203
consumption, which include: 204
(a) Ensuring appropriate tire pressures and tread depth .; 205
(b) Replacing fuel filters and emission filters at 206
recommended intervals .; 207
(c) Using proper motor oils.; and 208
(d) Performing timely motor maintenance. 209
210
Each state agency shall measure and report compliance to the 211
Department of Management Services through the Equipment 212
Management Information System database. 213
(4) When procuring new vehicles, all s tate agencies, state 214
universities, community colleges, and local governments that 215
purchase vehicles under a state purchasing plan shall first 216
define the intended purpose for the vehicle and determine which 217
of the following use classes for which the vehicle is being 218
procured: 219
(a) State business travel, designated operator; 220
(b) State business travel, pool operators; 221
(c) Construction, agricultural, or maintenance work; 222
(d) Conveyance of passengers; 223
(e) Conveyance of building or maintenance materials and 224
supplies; 225
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(f) Off-road vehicle, motorcycle, or all -terrain vehicle; 226
(g) Emergency response; or 227
(h) Other. 228
229
Vehicles described in paragraphs (a) through (h), when being 230
processed for purchase or leasing agreements, must be selected 231
for the greatest fuel efficiency available for a given use class 232
when fuel economy data are available. Exceptions may be made for 233
individual vehicles in paragraph (g) when accompanied, during 234
the procurement process, by documentation indicating that the 235
operator or operators will exclusively be emergency first 236
responders or have special documented need for exceptional 237
vehicle performance characteristics. Any request for an 238
exception must be approved by the purchasing agency head and any 239
exceptional performance characteris tics denoted as a part of the 240
procurement process prior to purchase. 241
(2)(5) All state agencies shall use ethanol and biodiesel 242
blended fuels when available. State agencies administering 243
central fueling operations for state -owned vehicles shall 244
procure biofuels for fleet needs to the greatest extent 245
practicable. 246
(3)(a) The Department of Management Services shall, in 247
consultation with the Department of Commerce and the Department 248
of Agriculture and Consumer Services, develop a Florida Humane 249
Preferred Energy Products List. In developing the list, the 250
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department must assess products currently available for purchase 251
under state term contracts that contain or consist of an energy 252
storage device with a capacity of greater than one kilowatt -hour 253
or that contain or consist of an energy generation device with a 254
capacity of greater than 500 watts and identify specific 255
products that appear to be largely made free from forced labor, 256
irrespective of the age of the worker. For purposes of this 257
subsection, the term "for ced labor" means any work performed or 258
service rendered that is: 259
1. Obtained by intimidation, fraud, or coercion, including 260
by threat of serious bodily harm to, or physical restraint 261
against, a person, by means of a scheme intended to cause the 262
person to believe that if he or she does not perform such labor 263
or render such service, the person will suffer serious bodily 264
harm or physical restraint, or by means of the abuse or 265
threatened abuse of law or the legal process; 266
2. Imposed on the basis of a characteristic that has been 267
held by the United States Supreme Court or the Florida Supreme 268
Court to be protected against discrimination under the 269
Fourteenth Amendment to the United States Constitution or under 270
s. 2, Art. I of the State Constitution, inclu ding race, color, 271
national origin, religion, gender, or physical disability; 272
3. Not performed or rendered voluntarily by a person; or 273
4. In violation of the Child Labor Law or otherwise 274
performed or rendered through oppressive child labor. 275
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(b) When procuring the types of energy products described 276
in paragraph (a) from state term contracts, state agencies and 277
political subdivisions shall first consult the Florida Humane 278
Preferred Energy Products List and may not purchase or procure 279
products not include d in the list. 280
Section 3. Subsections (1), (2), and (5) of section 281
366.032, Florida Statutes, are amended to read: 282
366.032 Preemption over utility service restrictions. — 283
(1) A municipality, county, special district, development 284
district, or other political subdivision of the state may not 285
enact or enforce a resolution, ordinance, rule, code, or policy 286
or take any action that restricts or prohibits or has the effect 287
of restricting or prohibiting the types or fuel sources of 288
energy production which ma y be used, delivered, converted, or 289
supplied by the following entities to serve customers that such 290
entities are authorized to serve: 291
(a) A public utility or an electric utility as defined in 292
this chapter; 293
(b) An entity formed under s. 163.01 that generates, 294
sells, or transmits electrical energy; 295
(c) A natural gas utility as defined in s. 366.04(3)(c); 296
(d) A natural gas transmission company as defined in s. 297
368.103; or 298
(e) A Category I liquefied petro leum gas dealer or 299
Category II liquefied petroleum gas dispenser or Category III 300
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liquefied petroleum gas cylinder exchange operator as defined in 301
s. 527.01. 302
(2) Except to the extent necessary to enforce the Florida 303
Building Code adopted pursuant to s. 55 3.73 or the Florida Fire 304
Prevention Code adopted pursuant to s. 633.202, a municipality, 305
county, special district, development district, or other 306
political subdivision of the state may not enact or enforce a 307
resolution, an ordinance, a rule, a code, or a p olicy or take 308
any action that restricts or prohibits or has the effect of 309
restricting or prohibiting the use of an appliance, including a 310
stove or grill, which uses the types or fuel sources of energy 311
production which may be used, delivered, converted, or supplied 312
by the entities listed in subsection (1). As used in this 313
subsection, the term "appliance" means a device or apparatus 314
manufactured and designed to use energy and for which the 315
Florida Building Code or the Florida Fire Prevention Code 316
provides specific requirements. 317
(5) Any municipality, county, special district, 318
development district, or political subdivision charter, 319
resolution, ordinance, rule, code, policy, or action that is 320
preempted by this act that existed before or on July 1, 2021, is 321
void. 322
Section 4. Subsection (10) is added to section 366.04, 323
Florida Statutes, to read: 324
366.04 Jurisdiction of commission. — 325
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(10) In the exercise of its jurisdiction, the commission, 326
without specific legislative authority, may not authorize a 327
public utility to expand the scope of its regulated business 328
activity to include direct sales of energy to a consumer solely 329
for the consumer's use in powering means of transportation owned 330
by the consumer. This provision does not apply to limited or 331
pilot programs approved by the commission before January 1, 332
2024. 333
Section 5. Section 366.94, Florida Statutes, is amended to 334
read: 335
366.94 Electric vehicle charging stations.— 336
(1) The provision of electric vehicle charging to the 337
public by a nonutility is not the retail sale of electricity for 338
the purposes of this chapter. The rates, terms, and conditions 339
of electric vehicle charging services by a nonutility are not 340
subject to regulation under this chapter. This section does not 341
affect the ability of individuals, b usinesses, or governmental 342
entities to acquire, install, or use an electric vehicle charger 343
for their own vehicles. 344
(2) The Department of Agriculture and Consumer Services 345
shall adopt rules to provide definitions, methods of sale, 346
labeling requirements, and price-posting requirements for 347
electric vehicle charging stations to allow for consistency for 348
consumers and the industry. 349
(3)(a) It is unlawful for a person to stop, stand, or park 350
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a vehicle that is not capable of using an electrical recharging 351
station within any parking space specifically designated for 352
charging an electric vehicle. 353
(b) If a law enforcement officer finds a motor vehicle in 354
violation of this subsection, the officer or specialist shall 355
charge the operator or other person in charge o f the vehicle in 356
violation with a noncriminal traffic infraction, punishable as 357
provided in s. 316.008(4) or s. 318.18. 358
(4) The commission may approve voluntary public utility 359
programs to become effective on or after January 1, 2025, for 360
residential, customer-specific electric vehicle charging if the 361
commission determines that the rates and rate structure of the 362
program will not adversely impact the public utility's general 363
body of ratepayers. All revenues received from the program must 364
be credited to the public utility's retail ratepayers. This 365
provision does not preclude cost recovery for electric vehicle 366
charging programs approved by the commission before January 1, 367
2024. 368
Section 6. Section 366.99, Florida Statutes, is created to 369
read: 370
366.99 Natural gas facilities relocation costs. — 371
(1) As used in this section, the term: 372
(a) "Authority" has the same meaning as in s. 373
337.401(1)(a). 374
(b) "Facilities relocation" means the physical moving, 375
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modification, or reconstruction of public utility facilit ies to 376
accommodate the requirements imposed by an authority. 377
(c) "Natural gas facilities" or "facilities" means gas 378
mains, laterals, and service lines used to distribute natural 379
gas to customers. The term includes all ancillary equipment 380
needed for safe operations, including, but not limited to, 381
regulating stations, meters, other measuring devices, 382
regulators, and pressure monitoring equipment. 383
(d) "Natural gas facilities relocation costs" means the 384
costs to relocate or reconstruct facilities as require d by a 385
mandate, a statute, a law, an ordinance, or an agreement between 386
the utility and an authority, including, but not limited to, 387
costs associated with reviewing plans provided by an authority. 388
The term does not include any costs recovered through the p ublic 389
utility's base rates. 390
(e) "Public utility" or "utility" has the same meaning as 391
in s. 366.02, except that the term does not include an electric 392
utility. 393
(2) A utility may submit to the commission, pursuant to 394
commission rule, a petition describin g the utility's projected 395
natural gas facilities relocation costs for the next calendar 396
year, actual natural gas facilities relocation costs for the 397
prior calendar year, and proposed cost -recovery factors designed 398
to recover such costs. A utility's decisio n to proceed with 399
implementing a plan before filing such a petition does not 400
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constitute imprudence. 401
(3) The commission shall conduct an annual proceeding to 402
determine each utility's prudently incurred natural gas 403
facilities relocation costs and to allow each utility to recover 404
such costs through a charge separate and apart from base rates, 405
to be referred to as the natural gas facilities relocation cost 406
recovery clause. The commission's review in the proceeding is 407
limited to determining the prudence of the utility's actual 408
incurred natural gas facilities relocation costs and the 409
reasonableness of the utility's projected natural gas facilities 410
relocation costs for the following calendar year; and providing 411
for a true-up of the costs with the projections on which past 412
factors were set. The commission shall require that any refund 413
or collection made as a part of the true -up process includes 414
interest. 415
(4) All costs approved for recovery through the natural 416
gas facilities relocation cost recovery clause must be allocated 417
to customer classes pursuant to the rate design most recently 418
approved by the commission. 419
(5) If a capital expenditure is recoverable as a natural 420
gas facilities relocation cost, the public utility may recover 421
the annual depreciation on the cost, calculated at the public 422
utility's current approved depreciation rates, and a return on 423
the undepreciated balance of the costs at the public utility's 424
weighted average cost of capital using the last approved ret urn 425
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on equity. 426
(6) The commission shall adopt rules to implement and 427
administer this section and shall propose a rule for adoption as 428
soon as practicable after July 1, 2024. 429
Section 7. Section 377.601, Florida Statutes, is amended 430
to read: 431
377.601 Legislative intent.— 432
(1) The purpose of the state's energy policy is to ensure 433
an adequate, reliable, and cost -effective supply of energy for 434
the state in a manner that promotes the health and welfare of 435
the public and economic growth. The Legislature in tends that 436
governance of the state's energy policy be efficiently directed 437
toward achieving this purpose. The Legislature finds that the 438
state's energy security can be increased by lessening dependence 439
on foreign oil; that the impacts of global climate cha nge can be 440
reduced through the reduction of greenhouse gas emissions; and 441
that the implementation of alternative energy technologies can 442
be a source of new jobs and employment opportunities for many 443
Floridians. The Legislature further finds that the state is 444
positioned at the front line against potential impacts of global 445
climate change. Human and economic costs of those impacts can be 446
averted by global actions and, where necessary, adapted to by a 447
concerted effort to make Florida's communities more resilie nt 448
and less vulnerable to these impacts. In focusing the 449
government's policy and efforts to benefit and protect our 450
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state, its citizens, and its resources, the Legislature believes 451
that a single government entity with a specific focus on energy 452
and climate change is both desirable and advantageous. Further, 453
the Legislature finds that energy infrastructure provides the 454
foundation for secure and reliable access to the energy supplies 455
and services on which Florida depends. Therefore, there is 456
significant value to Florida consumers that comes from 457
investment in Florida's energy infrastructure that increases 458
system reliability, enhances energy independence and 459
diversification, stabilizes energy costs, and reduces greenhouse 460
gas emissions. 461
(2) For the purposes o f subsection (1), the state's energy 462
policy must be guided by the following goals: 463
(a) Ensuring a cost -effective and affordable energy 464
supply. 465
(b) Ensuring adequate supply and capacity. 466
(c) Ensuring a secure, resilient, and reliable energy 467
supply, with an emphasis on a diverse supply of domestic energy 468
resources. 469
(d) Protecting public safety. 470
(e) Protecting the state's natural resources, including 471
its coastlines, tributaries, and waterways. 472
(f) Supporting economic growth. 473
(3)(2) In furtherance of the goals in subsection (2), it 474
is the policy of the state of Florida to: 475
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(a) Develop and Promote the cost-effective development and 476
effective use of a diverse supply of domestic energy resources 477
in the state and, discourage all forms of energy waste, and 478
recognize and address the potential of global climate change 479
wherever possible. 480
(b) Promote the cost-effective development and maintenance 481
of energy infrastructure that is resilient to natural and 482
manmade threats to the security and reliability of the state's 483
energy supply. Play a leading role in developing and instituting 484
energy management programs aimed at promoting energy 485
conservation, energy security, and the reduction of greenhouse 486
gas emissions. 487
(c) Reduce reliance on foreign energy resource s. 488
(d)(c) Include energy reliability and security 489
considerations in all state, regional, and local planning. 490
(e)(d) Utilize and manage effectively energy resources 491
used within state agencies. 492
(f)(e) Encourage local governments to include energy 493
considerations in all planning and to support their work in 494
promoting energy management programs. 495
(g)(f) Include the full participation of citizens in the 496
development and implementation of energy programs. 497
(h)(g) Consider in its decisions the energy needs o f each 498
economic sector, including residential, industrial, commercial, 499
agricultural, and governmental uses, and reduce those needs 500
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whenever possible. 501
(i)(h) Promote energy education and the public 502
dissemination of information on energy and its impacts in 503
relation to the goals in subsection (2) environmental, economic, 504
and social impact. 505
(j)(i) Encourage the research, development, demonstration, 506
and application of domestic energy resources, including the use 507
of alternative energy resources, particularly renewable energy 508
resources. 509
(k)(j) Consider, in its decisionmaking, the impacts of 510
energy-related activities on the goals in subsection (2) social, 511
economic, and environmental impacts of energy -related 512
activities, including the whole -life-cycle impacts of any 513
potential energy use choices, so that detrimental effects of 514
these activities are understood and minimized. 515
(l)(k) Develop and maintain energy emergency preparedness 516
plans to minimize the effects of an energy shortage within this 517
state Florida. 518
Section 8. Subsection (2) of section 377.6015, Florida 519
Statutes, is amended to read: 520
377.6015 Department of Agriculture and Consumer Services; 521
powers and duties.— 522
(2) The department shall: 523
(a) Administer the Florida Renewable Energy and Energy -524
Efficient Technologies Grants Program pursuant to s. 377.804 to 525
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assure a robust grant portfolio. 526
(a)(b) Develop policy for requiring grantees to provide 527
royalty-sharing or licensing agreements with state government 528
for commercialized products developed under a state grant. 529
(c) Administer the Florida Green Government Grants Act 530
pursuant to s. 377.808 and set annual priorities for grants. 531
(b)(d) Administer the information gathering and reporting 532
functions pursuant to ss. 377.601 -377.608. 533
(e) Administer the provisions of the Florida Energy and 534
Climate Protection Act pursuant to ss. 377.801 -377.804. 535
(c)(f) Advocate for energy and climate change issues 536
consistent with the goals in s. 377.601(2) and provide 537
educational outreach and technica l assistance in cooperation 538
with the state's academic institutions. 539
(d)(g) Be a party in the proceedings to adopt goals and 540
submit comments to the Public Service Commission pursuant to s. 541
366.82. 542
(e)(h) Adopt rules pursuant to chapter 120 in order to 543
implement all powers and duties described in this section. 544
Section 9. Subsection (1) and paragraphs (e), (f), and (m) 545
of subsection (2) of section 377.703, Florida Statutes, are 546
amended to read: 547
377.703 Additional functions of the Department of 548
Agriculture and Consumer Services. — 549
(1) LEGISLATIVE INTENT. —Recognizing that energy supply and 550
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demand questions have become a major area of concern to the 551
state which must be dealt with by effective and well -coordinated 552
state action, it is the intent of the Le gislature to promote the 553
efficient, effective, and economical management of energy 554
problems, centralize energy coordination responsibilities, 555
pinpoint responsibility for conducting energy programs, and 556
ensure the accountability of state agencies for the 557
implementation of s. 377.601 s. 377.601(2), the state energy 558
policy. It is the specific intent of the Legislature that 559
nothing in this act shall in any way change the powers, duties, 560
and responsibilities assigned by the Florida Electrical Power 561
Plant Siting Act, part II of chapter 403, or the powers, duties, 562
and responsibilities of the Florida Public Service Commission. 563
(2) DUTIES.—The department shall perform the following 564
functions, unless as otherwise provided, consistent with the 565
development of a state energy policy: 566
(e) The department shall analyze energy data collected and 567
prepare long-range forecasts of energy supply and demand in 568
coordination with the Florida Public Service Commission, which 569
is responsible for electricity and natural gas forecasts. To 570
this end, the forecasts shall contain: 571
1. An analysis of the relationship of state economic 572
growth and development to energy supply and demand, including 573
the constraints to economic growth resulting from energy supply 574
constraints. 575
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2. Plans for the development of renewable energy resources 576
and reduction in dependence on depletable energy resources, 577
particularly oil and natural gas, and An analysis of the extent 578
to which domestic energy resources, including renewable energy 579
sources, are being utilized in this the state. 580
3. Consideration of alternative scenarios of statewide 581
energy supply and demand for 5, 10, and 20 years to identify 582
strategies for long-range action, including identification of 583
potential impacts in relation to the goals in s. 377.601 (2) 584
social, economic, and environmental effects . 585
4. An assessment of the state's energy resources, 586
including examination of the availability of commercially 587
developable and imported fuels, and an analysis of anticipated 588
impacts in relation to the goals i n s. 377.601(2) effects on the 589
state's environment and social services resulting from energy 590
resource development activities or from energy supply 591
constraints, or both. 592
(f) The department shall submit an annual report to the 593
Governor and the Legislature reflecting its activities and 594
making recommendations for policies for improvement of the 595
state's response to energy supply and demand and its effect on 596
the health, safety, and welfare of the residents of this state. 597
The report must include a report from th e Florida Public Service 598
Commission on electricity and natural gas and information on 599
energy conservation programs conducted and underway in the past 600
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year and include recommendations for energy efficiency and 601
conservation programs for the state, including: 602
1. Formulation of specific recommendations for improvement 603
in the efficiency of energy utilization in governmental, 604
residential, commercial, industrial, and transportation sectors. 605
2. Collection and dissemination of information relating to 606
energy efficiency and conservation. 607
3. Development and conduct of educational and training 608
programs relating to energy efficiency and conservation. 609
4. An analysis of the ways in which state agencies are 610
seeking to implement s. 377.601 s. 377.601(2), the state energy 611
policy, and recommendations for better fulfilling this policy. 612
(m) In recognition of the devastation to the economy of 613
this state and the dangers to the health and welfare of 614
residents of this state caused by severe hurricanes, and the 615
potential for such impacts caused by other natural disasters, 616
the Division of Emergency Management shall include in its energy 617
emergency contingency plan and provide to the Florida Building 618
Commission for inclusion in the Florida Energy Efficiency Code 619
for Building Construction specific provisions to facilitate the 620
use of cost-effective solar energy technologies as emergency 621
remedial and preventive measures for providing electric power, 622
street lighting, and water heating service in the event of 623
electric power outages. 624
Section 10. Sections 377.801, 377.802, 377.803, 377.804, 625
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377.808, 377.809, and 377.816, Florida Statutes, are repealed. 626
Section 11. (1) For programs established pursuant to s. 627
377.804, s. 377.808, s. 377.809, or s. 377.816, Florida 628
Statutes, there may not be: 629
(a) New or additional applications, certifications, or 630
allocations approved. 631
(b) New letters of certification issued. 632
(c) New contracts or agreements executed. 633
(d) New awards made. 634
(2) All certifications or allocations issued under such 635
programs are rescinded except for the certifications of, or 636
allocations to, those certified applicants or projects that 637
continue to meet the applicable criteria in effect before July 638
1, 2024. Any existing contract or agreement authorized under any 639
of these programs shall continue in full force and effect in 640
accordance with the statutory requirements in effect when the 641
contract or agreement was executed or last modified. However, 642
further modifications, extensions, or waivers may not be made or 643
granted relating to such contracts or agreements, except 644
computations by the Department of Revenue of the income 645
generated by or arising out of the qualifying project. 646
Section 12. Paragraph (d) of subsection ( 2) of section 647
220.193, Florida Statutes, is amended to read: 648
220.193 Florida renewable energy production credit. — 649
(2) As used in this section, the term: 650
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(d) "Florida renewable energy facility" means a facility 651
in the state that produces electricity f or sale from renewable 652
energy, as defined in s. 377.803 . 653
Section 13. Subsection (7) of section 288.9606, Florida 654
Statutes, is amended to read: 655
288.9606 Issue of revenue bonds. — 656
(7) Notwithstanding any provision of this section, the 657
corporation in its corporate capacity may, without authorization 658
from a public agency under s. 163.01(7), issue revenue bonds or 659
other evidence of indebtedness under this section to: 660
(a) Finance the undertaking of any project within the 661
state that promotes renewable ene rgy as defined in s. 366.91 or 662
s. 377.803; 663
(b) Finance the undertaking of any project within the 664
state that is a project contemplated or allowed under s. 406 of 665
the American Recovery and Reinvestment Act of 2009; or 666
(c) If permitted by federal law, fin ance qualifying 667
improvement projects within the state under s. 163.08 ; or. 668
(d) Finance the costs of acquisition or construction of a 669
transportation facility by a private entity or consortium of 670
private entities under a public -private partnership agreemen t 671
authorized by s. 334.30. 672
Section 14. Paragraph (w) of subsection (2) of section 673
380.0651, Florida Statutes, is amended to read: 674
380.0651 Statewide guidelines, standards, and exemptions. — 675
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(2) STATUTORY EXEMPTIONS. —The following developments are 676
exempt from s. 380.06: 677
(w) Any development in an energy economic zone designated 678
pursuant to s. 377.809 upon approval by its local governing 679
body. 680
681
If a use is exempt from review pursuant to paragraphs (a) -(u), 682
but will be part of a larger project that is subject to review 683
pursuant to s. 380.06(12), the impact of the exempt use must be 684
included in the review of the larger project, unless such exempt 685
use involves a development that includes a landowner, tenant, or 686
user that has entered into a funding agreeme nt with the state 687
land planning agency under the Innovation Incentive Program and 688
the agreement contemplates a state award of at least $50 689
million. 690
Section 15. Subsection (2) of section 403.9405, Florida 691
Statutes, is amended to read: 692
403.9405 Applicability; certification; exemption; notice 693
of intent.— 694
(2) No construction of A natural gas transmission pipeline 695
may not be constructed be undertaken after October 1, 1992, 696
without first obtaining certification under ss. 403.9401 -697
403.9425, but these secti ons do not apply to: 698
(a) Natural gas transmission pipelines which are less than 699
100 15 miles in length or which do not cross a county line, 700
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unless the applicant has elected to apply for certification 701
under ss. 403.9401-403.9425. 702
(b) Natural gas transmission pipelines for which a 703
certificate of public convenience and necessity has been issued 704
under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 705
natural gas transmission pipeline certified as an associated 706
facility to an electrical power plant pursuant to the Florida 707
Electrical Power Plant Siting Act, ss. 403.501 -403.518, unless 708
the applicant elects to apply for certification of that pipeline 709
under ss. 403.9401-403.9425. 710
(c) Natural gas transmission pipelines that are owne d or 711
operated by a municipality or any agency thereof, by any person 712
primarily for the local distribution of natural gas, or by a 713
special district created by special act to distribute natural 714
gas, unless the applicant elects to apply for certification of 715
that pipeline under ss. 403.9401 -403.9425. 716
Section 16. Subsection (3) of section 720.3075, Florida 717
Statutes, is amended to read: 718
720.3075 Prohibited clauses in association documents. — 719
(3) Homeowners' association documents, including 720
declarations of covenants, articles of incorporation, or bylaws, 721
may not preclude: 722
(a) The display of up to two portable, removable flags as 723
described in s. 720.304(2)(a) by property owners. However, all 724
flags must be displayed in a respectful manner con sistent with 725
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the requirements for the United States flag under 36 U.S.C. 726
chapter 10. 727
(b) Types or fuel sources of energy production which may 728
be used, delivered, converted, or supplied by the following 729
entities to serve customers within the association t hat such 730
entities are authorized to serve: 731
1. A public utility or an electric utility as defined in 732
this chapter; 733
2. An entity formed under s. 163.01 that generates, sells, 734
or transmits electrical energy; 735
3. A natural gas utility as defined in s. 366 .04(3)(c); 736
4. A natural gas transmission company as defined in s. 737
368.103; or 738
5. A Category I liquefied petroleum gas dealer, a Category 739
II liquefied petroleum gas dispenser, or a Category III 740
liquefied petroleum gas cylinder exchange operator as defin ed in 741
s. 527.01. 742
(c) The use of an appliance, including a stove or grill, 743
which uses the types or fuel sources of energy production which 744
may be used, delivered, converted, or supplied by the entities 745
listed in paragraph (b). As used in this paragraph, t he term 746
"appliance" means a device or apparatus manufactured and 747
designed to use energy and for which the Florida Building Code 748
or the Florida Fire Prevention Code provides specific 749
requirements. 750
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Section 17. (1) The Public Service Commission shall 751
conduct an assessment of the security and resiliency of the 752
state's electric grid and natural gas facilities against both 753
physical threats and cyber threats. In conducting this 754
assessment, the commission shall consult with the Division of 755
Emergency Management and, in its assessment of cyber threats, 756
shall consult with the Florida Digital Service. All electric 757
utilities, natural gas utilities, and natural gas pipelines 758
operating in this state, regardless of ownership structure, 759
shall cooperate with the commissi on to provide access to all 760
information necessary to conduct the assessment. 761
(2) By July 1, 2025, the commission shall submit a report 762
of its assessment to the Governor, the President of the Senate, 763
and the Speaker of the House of Representatives. The re port must 764
also contain any recommendations for potential legislative or 765
administrative actions that may enhance the physical security or 766
cyber security of the state's electric grid or natural gas 767
facilities. 768
Section 18. (1) Recognizing the evolution a nd advances 769
that have occurred and continue to occur in nuclear power 770
technologies, the Public Service Commission shall study and 771
evaluate the technical and economic feasibility of using 772
advanced nuclear power technologies, including small modular 773
reactors, to meet the electrical power needs of the state, and 774
research means to encourage and foster the installation and use 775
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of such technologies at military installations in the state in 776
partnership with public utilities. In conducting this study, the 777
commission shall consult with the Department of Environmental 778
Protection and the Division of Emergency Management. 779
(2) By April 1, 2025, the commission shall prepare and 780
submit a report to the Governor, the President of the Senate, 781
and the Speaker of the House of Representatives, containing its 782
findings and any recommendations for potential legislative or 783
administrative actions that may enhance the use of advanced 784
nuclear technologies in a manner consistent with the energy 785
policy goals in s. 377.601(2), Florida St atutes. 786
Section 19. (1) Recognizing the continued development of 787
technologies that support the use of hydrogen as a 788
transportation fuel and the potential for such use to help meet 789
the state's energy policy goals in s. 377.601(2), Florida 790
Statutes, the Department of Transportation, in consultation with 791
the Office of Energy within the Department of Agriculture and 792
Consumer Services, shall study and evaluate the potential 793
development of hydrogen fueling infrastructure, including 794
fueling stations, to suppo rt hydrogen-powered vehicles that use 795
the state highway system. 796
(2) By April 1, 2025, the Department of Transportation 797
shall prepare and submit a report to the Governor, the President 798
of the Senate, and the Speaker of the House of Representatives, 799
containing its findings and any recommendations for potential 800
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legislative or administrative actions that may accommodate the 801
future development of hydrogen fueling infrastructure in a 802
manner consistent with the energy policy goals in s. 377.601(2), 803
Florida Statutes. 804
Section 20. This act shall take effect July 1, 2024. 805