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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to energy resources; creating s. 2
163.3210, F.S.; providing legislative intent; 3
providing definitions; allowing resiliency facilities 4
in certain land use categories in local government 5
comprehensive plans and specified districts if certain 6
criteria are met; allowing local governments to adopt 7
ordinances for resiliency facilities if certain 8
requirements are met; prohibiting amendments to a 9
local government's comprehensive plan, land use map, 10
zoning districts, or land development regulations in a 11
manner that would conflict with resiliency facility 12
classification after a specified date; amending s. 13
286.29, F.S.; revising energy guidelines for public 14
businesses; eliminating the requirement that the 15
Department of Management Services develop and mai ntain 16
the Florida Climate-Friendly Preferred Products List; 17
eliminating the requirement that state agencies 18
contract for meeting and conference space only with 19
facilities that have a Green Lodging designations; 20
eliminating the requirement that state agenci es, state 21
universities, community colleges, and local 22
governments that procure new vehicles under a state 23
purchasing plan select certain vehicles under a 24
specified circumstance; requiring the Department of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Management Services to develop a Florida Humane 26
Preferred Energy Products List in consultation with 27
the Department of Commerce and the Department of 28
Agriculture and Consumer Services; providing for 29
assessment considerations in developing the list; 30
defining the term "forced labor"; requiring state 31
agencies and political subdivisions that procure 32
energy products from state term contracts to consult 33
the list and purchase or procure such products; 34
prohibiting state agencies and political subdivisions 35
from purchasing or procuring products not included in 36
the list; 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; creating s. 366.042, F.S.; 40
requiring electric cooperatives and municipal electric 41
utilities to enter into and maintain at least one 42
mutual aid agreement or pre -event agreement with 43
certain entities for purposes of restoring power after 44
a natural disaster; requiring electric cooperatives 45
and municipal electric utilities to annually submit 46
attestations of compliance to the Public Service 47
Commission; providing construction; requiring the 48
commission to compile the attestations and annually 49
submit a copy of such attestations to the Division of 50
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Emergency Management; providing that the submission of 51
such attestations makes electric cooperatives and 52
municipal electric utilities eligible to receive state 53
financial assistance; providing that if such 54
attestations are not submitted, electric cooperatives 55
and municipal electric utilities are not eligible to 56
receive state financial assistance; providing 57
construction; creating s. 366.057, F.S.; requiring 58
public utilities to provide notice to the commission 59
of certain power plant retirements within a specified 60
timeframe; authorizing the commission to schedule 61
hearings within a specified timeframe to make certain 62
determinations on such plant retirements; specifying 63
information to be provided by public utilities at the 64
hearing; amending s. 366.94, F.S.; removing 65
terminology; authorizing the commission to approve 66
voluntary electric vehicle charging programs upon 67
petition of a public utility, to become effective on 68
or after a specified date, if certain requirements are 69
met; providing applicability; creating s. 366.99, 70
F.S.; providing definitions; authorizing public 71
utilities to submit to the commission a petition for a 72
proposed cost recovery for certain natural gas 73
facilities relocation costs; requiring the commission 74
to conduct annual proceedings to determine each 75
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utility's prudently incurred natural gas facilities 76
relocation costs and to allow for the recovery of such 77
costs; providing requirements for the commission's 78
review; providing requirements for the allocation of 79
such recovered costs; requiring the commission to 80
adopt rules; providing a timeframe for such 81
rulemaking; amending s. 377.601, F.S.; revising 82
legislative intent; amending s. 377.6015, F.S.; 83
revising the powers and duties of the Department of 84
Agriculture and Consumer Services; conforming 85
provisions to changes made by the act; amending s. 86
377.703, F.S.; revising additional functions of the 87
department relating to energy resources; conforming 88
provisions to changes made by the act; creating s. 89
377.708, F.S.; providing definitions; prohibiting the 90
construction, operation, or expansion of certain wind 91
energy facilities and wind turbines in the state; 92
requiring the Department of Environmental Protection 93
to review applications for federal wind energy leases 94
in territorial waters of the United States adjacent to 95
water of this state and signify its approval or 96
objection to such applications; authorizing the 97
department to seek injunctive relief for violations; 98
repealing s. 377.801, F.S., relating to the Florida 99
Energy and Climate Protection Act; repealing s. 100
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377.802, F.S., relating to the purpose of the act; 101
repealing s. 377.803, F.S., relating to definitions 102
under the act; repealing s. 377.804, F.S., relating to 103
the Renewable Energy and Energy -Efficient Technologies 104
Grants Program; repealing s. 377.808, F.S., relating 105
to the Florida Green Government Grants Act; repealing 106
s. 377.809, F.S., relating to the Energy Economic Zone 107
Pilot Program; repealing s. 377.816, F.S., relating to 108
the Qualified Energy Conservation Bond Allocation 109
Program; prohibiting the approval of new or additional 110
applications, certifications, or allocations under 111
such programs; prohibiting new contracts, agreements, 112
and awards under such programs; rescinding all 113
certifications or allocations issued under such 114
programs; providing an exception; providing 115
application relating to existing contracts or 116
agreements under such programs; amending ss. 220.193, 117
288.9606, and 380.0651, F.S.; conforming provisions to 118
changes made by the act; amending s. 403.9405, F.S.; 119
revising the applicability of the Natural Gas 120
Transmission Pipeline Siting Act; amending s. 121
720.3075, F.S.; prohibiting certain homeowners' 122
association documents from precluding certain types or 123
fuel sources of energy production and the use of 124
certain appliances; requiring the commission to 125
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conduct an assessment of the security and resiliency 126
of the state's electric grid and natural gas 127
facilities against physical threats and cyber threats; 128
requiring the commission to consult with the Division 129
of Emergency Management and the Florida Digital 130
Service; requiring cooperation from all operating 131
facilities in the state relating to such assessment; 132
requiring the commission to submit by a specified date 133
a report of such assessment to the Governor and the 134
Legislature; providing additional content requirements 135
for such report; requiring the commission to study and 136
evaluate the technical and economic feasibility of 137
using advanced nuclear power technologies to meet the 138
electrical power needs of the state; requiring the 139
commission to research means to encourage and foster 140
the installation and use of such technologies at 141
military installations in partnership with public 142
utilities; requiring the commission to consult with 143
the Department of Environmental Protection and the 144
Division of Emergency Management; requiring the 145
commission to submit by a specified date a report to 146
the Governor and the Legislature that contains its 147
findings and any additional recommendations for 148
potential legislative or administrative actions; 149
requiring the Department of Transportation, in 150
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consultation with the Office of Energy within the 151
Department of Agriculture and Consumer Services, to 152
study and evaluate the potential development of 153
hydrogen fueling infrastructure to support hydrogen -154
powered vehicles; requiring the department to submit 155
by a specified date a report to the Governor and the 156
Legislature that contains its findings and 157
recommendations for specified actions that may 158
accommodate the future development of hydrogen fueling 159
infrastructure; providing effective dates. 160
161
Be It Enacted by the Legislature of the State of Florida: 162
163
Section 1. Section 163.3210, Florida Statutes, is created 164
to read: 165
163.3210 Natural gas resiliency and reliability 166
infrastructure.- 167
(1) It is the intent of the Legislature to maintain, 168
encourage, and ensure adequate and reliable fuel sources for 169
public utilities. Th e resiliency and reliability of fuel sources 170
for public utilities is critical to the state's economy; the 171
ability of the state to recover from natural disasters; and the 172
health, safety, welfare, and quality of life of the residents of 173
the state. 174
(2) As used in this section, the term: 175
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(a) "Natural gas" means all forms of fuel commonly or 176
commercially known or sold as natural gas, including compressed 177
natural gas and liquefied natural gas. 178
(b) "Natural gas reserve" means a facility that is capable 179
of storing and transporting and, when operational, actively 180
stores and transports a supply of natural gas. 181
(c) "Public utility" has the same meaning as defined in s. 182
366.02. 183
(d) "Resiliency facility" means a facility owned and 184
operated by a public utility f or the purposes of assembling, 185
creating, holding, securing, or deploying natural gas reserves 186
for temporary use during a system outage or natural disaster. 187
(3) A resiliency facility is a permitted use in all 188
commercial, industrial, and manufacturing land use categories in 189
a local government comprehensive plan and all commercial, 190
industrial, and manufacturing districts. A resiliency facility 191
must comply with the setback and landscape criteria for other 192
similar uses. A local government may adopt an ordinanc e 193
specifying buffer and landscaping requirements for resiliency 194
facilities, provided such requirements do not exceed the 195
requirements for similar uses involving the construction of 196
other facilities that are permitted uses in commercial, 197
industrial, and manufacturing land use categories and zoning 198
districts. 199
(4) After July 1, 2024, a local government may not amend 200
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its comprehensive plan, land use map, zoning districts, or land 201
development regulations in a manner that would conflict with a 202
resiliency facility's classification as a permitted and 203
allowable use, including, but not limited to, an amendment that 204
causes a resiliency facility to be a nonconforming use, 205
structure, or development. 206
Section 2. Section 286.29, Florida Statutes, is amended to 207
read: 208
286.29 Energy guidelines for Climate-friendly public 209
business.—The Legislature recognizes the importance of 210
leadership by state government in the area of energy efficiency 211
and in reducing the greenhouse gas emissions of state government 212
operations. The following shall pertain to all state agencies 213
when conducting public business: 214
(1) The Department of Management Services shall develop 215
the "Florida Climate -Friendly Preferred Products List." In 216
maintaining that list, the department, in consultation with the 217
Department of Environmental Protection, shall continually assess 218
products currently available for purchase under state term 219
contracts to identify specific products and vendors that offer 220
clear energy efficiency or other environmental benefits over 221
competing products. When procuring products from state term 222
contracts, state agencies shall first consult the Florida 223
Climate-Friendly Preferred Products List and procure such 224
products if the price is comparable. 225
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(2) State agencies shall contract for meeting and 226
conference space only with hotels or conference facilities that 227
have received the "Green Lodging" designation from the 228
Department of Environmental Protection for best practices in 229
water, energy, and waste efficiency standards, unless the 230
responsible state agency head makes a determination that no 231
other viable alternative exists. 232
(1)(3) Each state agency shall ensure that all maintained 233
vehicles meet minimum maintenance schedules shown to reduce fuel 234
consumption, which include: 235
(a) Ensuring appropriate tire pressures and tread depth .; 236
(b) Replacing fuel filters and emission filters at 237
recommended intervals .; 238
(c) Using proper motor oils .; and 239
(d) Performing timely motor maintenance. 240
241
Each state agency shall measure and report compliance to the 242
Department of Management Services through the Equipment 243
Management Information System database. 244
(4) When procuring new vehicles, all state agencies, state 245
universities, community colleges, and local governments that 246
purchase vehicles under a state purch asing plan shall first 247
define the intended purpose for the vehicle and determine which 248
of the following use classes for which the vehicle is being 249
procured: 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) State business travel, designated operator; 251
(b) State business travel, pool operators; 252
(c) Construction, agricultural, or maintenance work; 253
(d) Conveyance of passengers; 254
(e) Conveyance of building or maintenance materials and 255
supplies; 256
(f) Off-road vehicle, motorcycle, or all -terrain vehicle; 257
(g) Emergency response; or 258
(h) Other. 259
260
Vehicles described in paragraphs (a) through (h), when being 261
processed for purchase or leasing agreements, must be selected 262
for the greatest fuel efficiency available for a given use class 263
when fuel economy data are available. Exceptions may be made for 264
individual vehicles in paragraph (g) when accompanied, during 265
the procurement process, by documentation indicating that the 266
operator or operators will exclusively be emergency first 267
responders or have special documented need for exceptional 268
vehicle performance characteristics. Any request for an 269
exception must be approved by the purchasing agency head and any 270
exceptional performance characteristics denoted as a part of the 271
procurement process prior to purchase. 272
(2)(5) All state agencies shall use ethanol and biodiesel 273
blended fuels when available. State agencies administering 274
central fueling operations for state -owned vehicles shall 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
procure biofuels for fleet needs to the greatest extent 276
practicable. 277
(3)(a) The Department of Management Services shall, in 278
consultation with the Department of Commerce and the Department 279
of Agriculture and Consumer Services, develop a Florida Humane 280
Preferred Energy Products List. In developing the list, the 281
department must assess products currently available for purchase 282
under state term contracts that contain or consist of an energy 283
storage device with a capacity of greater than one kilowatt -hour 284
or that contain or consist of an energy generation device with a 285
capacity of greater than 500 watts and identify specific 286
products that appear to be largely made free from forced labor, 287
irrespective of the age of the worker. For purposes of this 288
subsection, the term "forced labor" means any work performed or 289
service rendered that is: 290
1. Obtained by intimidation, fraud, or coercion, in cluding 291
by threat of serious bodily harm to, or physical restraint 292
against, a person, by means of a scheme intended to cause the 293
person to believe that if he or she does not perform such labor 294
or render such service, the person will suffer serious bodily 295
harm or physical restraint, or by means of the abuse or 296
threatened abuse of law or the legal process; 297
2. Imposed on the basis of a characteristic that has been 298
held by the United States Supreme Court or the Florida Supreme 299
Court to be protected against discrimination under the 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Fourteenth Amendment to the United States Constitution or under 301
s. 2, Art. I of the State Constitution, including race, colo r, 302
national origin, religion, gender, or physical disability; 303
3. Not performed or rendered voluntarily by a person; or 304
4. In violation of the Child Labor Law or otherwise 305
performed or rendered through oppressive child labor. 306
(b) When procuring the ty pes of energy products described 307
in paragraph (a) from state term contracts, state agencies and 308
political subdivisions shall first consult the Florida Humane 309
Preferred Energy Products List and may not purchase or procure 310
products not included in the list. 311
Section 3. Subsections (1), (2), and (5) of section 312
366.032, Florida Statutes, are amended to read: 313
366.032 Preemption over utility service restrictions. — 314
(1) A municipality, county, special district, development 315
district, or other political subdiv ision of the state may not 316
enact or enforce a resolution, ordinance, rule, code, or policy 317
or take any action that restricts or prohibits or has the effect 318
of restricting or prohibiting the types or fuel sources of 319
energy production which may be used, deli vered, converted, or 320
supplied by the following entities to serve customers that such 321
entities are authorized to serve: 322
(a) A public utility or an electric utility as defined in 323
this chapter; 324
(b) An entity formed under s. 163.01 that generates, 325
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sells, or transmits electrical energy; 326
(c) A natural gas utility as defined in s. 366.04(3)(c); 327
(d) A natural gas transmission company as defined in s. 328
368.103; or 329
(e) A Category I liquefied petroleum gas dealer or 330
Category II liquefied petroleum gas dispen ser or Category III 331
liquefied petroleum gas cylinder exchange operator as defined in 332
s. 527.01. 333
(2) Except to the extent necessary to enforce the Florida 334
Building Code adopted pursuant to s. 553.73 or the Florida Fire 335
Prevention Code adopted pursuant to s. 633.202, a municipality, 336
county, special district, development district, or other 337
political subdivision of the state may not enact or enforce a 338
resolution, an ordinance, a rule, a code, or a policy or take 339
any action that restricts or prohibits or has t he effect of 340
restricting or prohibiting the use of an appliance, including a 341
stove or grill, which uses the types or fuel sources of energy 342
production which may be used, delivered, converted, or supplied 343
by the entities listed in subsection (1). As used in this 344
subsection, the term "appliance" means a device or apparatus 345
manufactured and designed to use energy and for which the 346
Florida Building Code or the Florida Fire Prevention Code 347
provides specific requirements. 348
(5) Any municipality, county, special d istrict, 349
development district, or political subdivision charter, 350
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resolution, ordinance, rule, code, policy, or action that is 351
preempted by this act that existed before or on July 1, 2021, is 352
void. 353
Section 4. Section 366.042, Florida Statutes, is create d 354
to read: 355
366.042 Mutual aid agreements of electric cooperatives and 356
municipal electric utilities. - 357
(1) For the purposes of restoring power following a 358
natural disaster that is subject to a state of emergency 359
declared by the Governor, all electric coo peratives and 360
municipal electric utilities shall enter into and maintain, at a 361
minimum, one of the following: 362
(a) A mutual aid agreement with a municipal electric 363
utility; 364
(b) A mutual aid agreement with an electric cooperative; 365
(c) A mutual aid ag reement with a public utility; or 366
(d) A pre-event agreement with a private contractor. 367
(2) All electric cooperatives and municipal electric 368
utilities operating in this state shall annually submit to the 369
commission an attestation, in conformity with s . 92.525, stating 370
that the organization has complied with the requirements of this 371
section on or before May 15. Nothing in this section shall be 372
construed to give the commission jurisdiction over the terms and 373
conditions of a mutual aid agreement or agreem ent with a private 374
contractor entered into by an electric cooperative or a 375
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municipal electric utility. 376
(3) The commission shall compile the attestations and 377
annually submit a copy to the Division of Emergency Management 378
no later than May 30. 379
(4) An electric cooperative or municipal electric utility 380
that submits the attestation required by this section is 381
eligible to receive state financial assistance, if such funding 382
is available, for power restoration efforts following a natural 383
disaster that is subjec t to a state of emergency declared by the 384
Governor. 385
(5) An electric cooperative or municipal electric utility 386
that does not submit an attestation required by this section is 387
ineligible to receive state financial assistance for power 388
restoration efforts f ollowing a natural disaster that is subject 389
to a state of emergency declared by the Governor, until such 390
time as the attestation is submitted. 391
(6) Nothing in this section shall be construed to 392
prohibit, limit, or disqualify an electric cooperative or 393
municipal electric utility from receiving funding under The 394
Stafford Act, 42 U.S.C. 5121 et seq., or any other federal 395
program, including programs administered by the state. 396
(7) This section does not expand or alter the jurisdiction 397
of the commission over p ublic utilities or electric utilities. 398
Section 5. Section 366.057, Florida Statutes, is created 399
to read: 400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
366.057 Retirement of electrical power plants. -A public 401
utility shall provide notice to the commission at least 90 days 402
before the full retiremen t of an electrical power plant if the 403
date of such retirement does not coincide with the retirement 404
date in the public utility's most recently approved depreciation 405
study. No later than 90 days after such notice, the commission 406
may schedule a hearing to de termine whether retirement of the 407
plant is prudent and consistent with the state's energy policy 408
goals in s. 377.601(2). At a hearing scheduled under this 409
section, the utility shall present its proposed retirement date 410
for the plant, remaining depreciation expense on the plant, any 411
other costs to be recovered in relation to the plant, and any 412
planned replacement capacity. 413
Section 6. Subsection (4) is added to Section 366.94, 414
Florida Statutes, to read: 415
366.94 Electric vehicle charging stations.— 416
(4) Upon petition of a public utility, the commission may 417
approve voluntary electric vehicle charging programs to become 418
effective on or after January 1, 2025, to include, but not be 419
limited to, residential, fleet, and public electric vehicle 420
charging, upon a determination by the commission that the 421
utility's general body of ratepayers, as a whole, will not pay 422
to support recovery of its electric vehicle charging investment 423
by the end of the useful life of the assets dedicated to the 424
electric vehicle charging s ervice. This provision does not 425
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preclude cost recovery for electric vehicle charging programs 426
approved by the commission before January 1, 2024. 427
Section 7. Section 366.99, Florida Statutes, is created to 428
read: 429
366.99 Natural gas facilities relocation costs.— 430
(1) As used in this section, the term: 431
(a) "Authority" has the same meaning as in s. 432
337.401(1)(a). 433
(b) "Facilities relocation" means the physical moving, 434
modification, or reconstruction of public utility facilities to 435
accommodate the requirements imposed by an authority. 436
(c) "Natural gas facilities" or "facilities" means gas 437
mains, laterals, and service lines used to distribute natural 438
gas to customers. The term includes all ancillary equipment 439
needed for safe operations, including, but not limited to, 440
regulating stations, meters, other measuring devices, 441
regulators, and pressure monitoring equipment. 442
(d) "Natural gas facilities relocation costs" means the 443
costs to relocate or reconstruct facilities as required by a 444
mandate, a statute, a law, an ordinance, or an agreement between 445
the utility and an authority, including, but not limited to, 446
costs associated with reviewing plans provided by an authority. 447
The term does not include any costs recovered through the public 448
utility's base rates. 449
(e) "Public utility" or "utility" has the same meaning as 450
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in s. 366.02, except that the term does not include an electric 451
utility. 452
(2) A utility may submit to the commission, pursuant to 453
commission rule, a petition describing the utility's project ed 454
natural gas facilities relocation costs for the next calendar 455
year, actual natural gas facilities relocation costs for the 456
prior calendar year, and proposed cost -recovery factors designed 457
to recover such costs. A utility's decision to proceed with 458
implementing a plan before filing such a petition does not 459
constitute imprudence. 460
(3) The commission shall conduct an annual proceeding to 461
determine each utility's prudently incurred natural gas 462
facilities relocation costs and to allow each utility to recover 463
such costs through a charge separate and apart from base rates, 464
to be referred to as the natural gas facilities relocation cost 465
recovery clause. The commission's review in the proceeding is 466
limited to determining the prudence of the utility's actual 467
incurred natural gas facilities relocation costs and the 468
reasonableness of the utility's projected natural gas facilities 469
relocation costs for the following calendar year; and providing 470
for a true-up of the costs with the projections on which past 471
factors were set. The commission shall require that any refund 472
or collection made as a part of the true -up process includes 473
interest. 474
(4) All costs approved for recovery through the natural 475
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gas facilities relocation cost recovery clause must be allocated 476
to customer classes pursuant to the rate design most recently 477
approved by the commission. 478
(5) If a capital expenditure is recoverable as a natural 479
gas facilities relocation cost, the public utility may recover 480
the annual depreciation on the cost, calculated at the p ublic 481
utility's current approved depreciation rates, and a return on 482
the undepreciated balance of the costs at the public utility's 483
weighted average cost of capital using the last approved return 484
on equity. 485
(6) The commission shall adopt rules to impleme nt and 486
administer this section and shall propose a rule for adoption as 487
soon as practicable after July 1, 2024. 488
Section 8. Section 377.601, Florida Statutes, is amended 489
to read: 490
377.601 Legislative intent. — 491
(1) The purpose of the state's energy pol icy is to ensure 492
an adequate, reliable, and cost -effective supply of energy for 493
the state in a manner that promotes the health and welfare of 494
the public and economic growth. The Legislature intends that 495
governance of the state's energy policy be efficientl y directed 496
toward achieving this purpose. The Legislature finds that the 497
state's energy security can be increased by lessening dependence 498
on foreign oil; that the impacts of global climate change can be 499
reduced through the reduction of greenhouse gas emiss ions; and 500
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that the implementation of alternative energy technologies can 501
be a source of new jobs and employment opportunities for many 502
Floridians. The Legislature further finds that the state is 503
positioned at the front line against potential impacts of glo bal 504
climate change. Human and economic costs of those impacts can be 505
averted by global actions and, where necessary, adapted to by a 506
concerted effort to make Florida's communities more resilient 507
and less vulnerable to these impacts. In focusing the 508
government's policy and efforts to benefit and protect our 509
state, its citizens, and its resources, the Legislature believes 510
that a single government entity with a specific focus on energy 511
and climate change is both desirable and advantageous. Further, 512
the Legislature finds that energy infrastructure provides the 513
foundation for secure and reliable access to the energy supplies 514
and services on which Florida depends. Therefore, there is 515
significant value to Florida consumers that comes from 516
investment in Florida's en ergy infrastructure that increases 517
system reliability, enhances energy independence and 518
diversification, stabilizes energy costs, and reduces greenhouse 519
gas emissions. 520
(2) For the purposes of subsection (1), the state's energy 521
policy must be guided by th e following goals: 522
(a) Ensuring a cost -effective and affordable energy 523
supply. 524
(b) Ensuring adequate supply and capacity. 525
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(c) Ensuring a secure, resilient, and reliable energy 526
supply, with an emphasis on a diverse supply of domestic energy 527
resources. 528
(d) Protecting public safety. 529
(e) Protecting the state's natural resources, including 530
its coastlines, tributaries, and waterways. 531
(f) Supporting economic growth. 532
(3)(2) In furtherance of the goals in subsection (2), it 533
is the policy of the state of Florida to: 534
(a) Develop and Promote the cost-effective development and 535
effective use of a diverse supply of domestic energy resources 536
in the state and, discourage all forms of energy waste, and 537
recognize and address the potential of global climate chan ge 538
wherever possible. 539
(b) Promote the cost-effective development and maintenance 540
of energy infrastructure that is resilient to natural and 541
manmade threats to the security and reliability of the state's 542
energy supply. Play a leading role in developing and instituting 543
energy management programs aimed at promoting energy 544
conservation, energy security, and the reduction of greenhouse 545
gas emissions. 546
(c) Reduce reliance on foreign energy resources. 547
(d)(c) Include energy reliability and security 548
considerations in all state, regional, and local planning. 549
(e)(d) Utilize and manage effectively energy resources 550
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used within state agencies. 551
(f)(e) Encourage local governments to include energy 552
considerations in all planning and to support their work in 553
promoting energy management programs. 554
(g)(f) Include the full participation of citizens in the 555
development and implementation of energy programs. 556
(h)(g) Consider in its decisions the energy needs of each 557
economic sector, including residential, industrial, commercial, 558
agricultural, and governmental uses, and reduce those needs 559
whenever possible. 560
(i)(h) Promote energy education and the public 561
dissemination of information on energy and its impacts in 562
relation to the goals in subsection (2) environmental, economic, 563
and social impact. 564
(j)(i) Encourage the research, development, demonstration, 565
and application of domestic energy resources, including the use 566
of alternative energy resources, particularly renewable energy 567
resources. 568
(k)(j) Consider, in its decisionmaking, the impacts of 569
energy-related activities on the goals in subsection (2) social, 570
economic, and environmental impacts of energy -related 571
activities, including the whole -life-cycle impacts of any 572
potential energy use choices, so that detrimental effects of 573
these activities are understood and minimized. 574
(l)(k) Develop and maintain energy emergency preparedness 575
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plans to minimize the effect s of an energy shortage within this 576
state Florida. 577
Section 9. Subsection (2) of section 377.6015, Florida 578
Statutes, is amended to read: 579
377.6015 Department of Agriculture and Consumer Services; 580
powers and duties.— 581
(2) The department shall: 582
(a) Administer the Florida Renewable Energy and Energy -583
Efficient Technologies Grants Program pursuant to s. 377.804 to 584
assure a robust grant portfolio. 585
(a)(b) Develop policy for requiring grantees to provide 586
royalty-sharing or licensing agreements with state g overnment 587
for commercialized products developed under a state grant. 588
(c) Administer the Florida Green Government Grants Act 589
pursuant to s. 377.808 and set annual priorities for grants. 590
(b)(d) Administer the information gathering and reporting 591
functions pursuant to ss. 377.601 -377.608. 592
(e) Administer the provisions of the Florida Energy and 593
Climate Protection Act pursuant to ss. 377.801 -377.804. 594
(c)(f) Advocate for energy and climate change issues 595
consistent with the goals in s. 377.601(2) and provide 596
educational outreach and technical assistance in cooperation 597
with the state's academic institutions. 598
(d)(g) Be a party in the proceedings to adopt goals and 599
submit comments to the Public Service Commission pursuant to s. 600
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366.82. 601
(e)(h) Adopt rules pursuant to chapter 120 in order to 602
implement all powers and duties described in this section. 603
Section 10. Subsection (1) and paragraphs (e), (f), (h), 604
and (m) of subsection (2) of section 377.703, Florida Statutes, 605
are amended to read: 606
377.703 Additional functions of the Department of 607
Agriculture and Consumer Services. — 608
(1) LEGISLATIVE INTENT. —Recognizing that energy supply and 609
demand questions have become a major area of concern to the 610
state which must be dealt with by effective and well -coordinated 611
state action, it is the intent of the Legislature to promote the 612
efficient, effective, and economical management of energy 613
problems, centralize energy coordination responsibilities, 614
pinpoint responsibility for conducting energy programs, and 615
ensure the accountability of state agencies for the 616
implementation of s. 377.601 s. 377.601(2), the state energy 617
policy. It is the specific intent of the Legislature that 618
nothing in this act shall in any way change the powers, duties, 619
and responsibilities assigned by t he Florida Electrical Power 620
Plant Siting Act, part II of chapter 403, or the powers, duties, 621
and responsibilities of the Florida Public Service Commission. 622
(2) DUTIES.—The department shall perform the following 623
functions, unless as otherwise provided, co nsistent with the 624
development of a state energy policy: 625
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(e) The department shall analyze energy data collected and 626
prepare long-range forecasts of energy supply and demand in 627
coordination with the Florida Public Service Commission, which 628
is responsible for electricity and natural gas forecasts. To 629
this end, the forecasts shall contain: 630
1. An analysis of the relationship of state economic 631
growth and development to energy supply and demand, including 632
the constraints to economic growth resulting from energ y supply 633
constraints. 634
2. Plans for the development of renewable energy resources 635
and reduction in dependence on depletable energy resources, 636
particularly oil and natural gas, and An analysis of the extent 637
to which domestic energy resources, including renewable energy 638
sources, are being utilized in this the state. 639
3. Consideration of alternative scenarios of statewide 640
energy supply and demand for 5, 10, and 20 years to identify 641
strategies for long-range action, including identification of 642
potential impacts in relation to the goals in s. 377.601(2) 643
social, economic, and environmental effects . 644
4. An assessment of the state's energy resources, 645
including examination of the availability of commercially 646
developable and imported fuels, and an analysis of antic ipated 647
impacts in relation to the goals in s. 377.601(2) effects on the 648
state's environment and social services resulting from energy 649
resource development activities or from energy supply 650
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constraints, or both. 651
(f) The department shall submit an annual re port to the 652
Governor and the Legislature reflecting its activities and 653
making recommendations for policies for improvement of the 654
state's response to energy supply and demand and its effect on 655
the health, safety, and welfare of the residents of this state. 656
The report must include a report from the Florida Public Service 657
Commission on electricity and natural gas and information on 658
energy conservation programs conducted and underway in the past 659
year and include recommendations for energy efficiency and 660
conservation programs for the state, including: 661
1. Formulation of specific recommendations for improvement 662
in the efficiency of energy utilization in governmental, 663
residential, commercial, industrial, and transportation sectors. 664
2. Collection and dissemination of information relating to 665
energy efficiency and conservation. 666
3. Development and conduct of educational and training 667
programs relating to energy efficiency and conservation. 668
4. An analysis of the ways in which state agencies are 669
seeking to implement s. 377.601 s. 377.601(2), the state energy 670
policy, and recommendations for better fulfilling this policy. 671
(h) The department shall promote the development and use 672
of renewable energy resources, in conformance with chapter 187 673
and s. 377.601, by: 674
1. Establishing goals and strategies for increasing the 675
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use of renewable energy in this state. 676
1.2. Aiding and promoting the commercialization of 677
renewable energy resources, in cooperation with the Florida 678
Energy Systems Consortium; the Florida So lar Energy Center; and 679
any other federal, state, or local governmental agency that may 680
seek to promote research, development, and the demonstration of 681
renewable energy equipment and technology. 682
2.3. Identifying barriers to greater use of renewable 683
energy resources in this state, and developing specific 684
recommendations for overcoming identified barriers, with 685
findings and recommendations to be submitted annually in the 686
report to the Governor and Legislature required under paragraph 687
(f). 688
3.4. In cooperation with the Department of Environmental 689
Protection, the Department of Transportation, the Department of 690
Commerce, the Florida Energy Systems Consortium, the Florida 691
Solar Energy Center, and the Florida Solar Energy Industries 692
Association, investigating opp ortunities, pursuant to the 693
national Energy Policy Act of 1992, the Housing and Community 694
Development Act of 1992, and any subsequent federal legislation, 695
for renewable energy resources, electric vehicles, and other 696
renewable energy manufacturing, distribu tion, installation, and 697
financing efforts that enhance this state's position as the 698
leader in renewable energy research, development, and use. 699
4.5. Undertaking other initiatives to advance the 700
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development and use of renewable energy resources in this sta te. 701
702
In the exercise of its responsibilities under this paragraph, 703
the department shall seek the assistance of the renewable energy 704
industry in this state and other interested parties and may 705
enter into contracts, retain professional consulting services, 706
and expend funds appropriated by the Legislature for such 707
purposes. 708
(m) In recognition of the devastation to the economy of 709
this state and the dangers to the health and welfare of 710
residents of this state caused by severe hurricanes, and the 711
potential for such impacts caused by other natural disasters, 712
the Division of Emergency Management shall include in its energy 713
emergency contingency plan and provide to the Florida Building 714
Commission for inclusion in the Florida Energy Efficiency Code 715
for Building Construction specific provisions to facilitate the 716
use of cost-effective solar energy technologies as emergency 717
remedial and preventive measures for providing electric power, 718
street lighting, and water heating service in the event of 719
electric power outages. 720
Section 11. Section 377.708, Florida Statutes, is created 721
to read: 722
377.708 Wind energy. - 723
(1) DEFINITIONS.-As used in this section, the term: 724
(a) "Coastline" means the established line of mean high 725
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water. 726
(b) "Department" means the Department of E nvironmental 727
Protection. 728
(c) "Offshore wind energy facility" means any wind energy 729
facility located on waters of this state, including other 730
buildings, structures, vessels, or electrical transmission 731
cabling to be sited on waters of this state, or connec ted to 732
corresponding onshore substations that are used to support the 733
operation of one or more wind turbines sited or constructed on 734
waters of this state and any submerged lands or territorial 735
waters that are not under the jurisdiction of the state. 736
(d) "Real property" has the same meaning as provided in s. 737
192.001(12). 738
(e) "Waters of this state" has the same meaning as s. 739
327.02, except the term also includes all state submerged lands. 740
(f) "Wind energy facility" means an electrical wind 741
generation facility or expansion thereof having at least a 400 -742
watt rated capacity, including substations; meteorological data 743
towers; aboveground, underground, and electrical transmission 744
lines; and transformers, control systems, and other buildings or 745
structures under common ownership or operating control used to 746
support the operation of the facility the primary purpose of 747
which is to offer electricity supply for sale. 748
(g) "Wind turbine" means a device or apparatus that has 749
the capability to convert kinetic wind ene rgy into rotational 750
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energy that drives an electrical generator consisting of a tower 751
body and rotator with two or more blades. The term includes both 752
horizontal and vertical axis turbines. The term does not include 753
devices used to measure wind speed and di rection, such as an 754
anemometer. 755
(2) PROHIBITED ACTIVITIES. - 756
(a) The construction, operation, or expansion of an 757
offshore wind energy facility in this state is prohibited. 758
(b) The construction or operation of a wind turbine on 759
real property within 1 mi le of coastline in this state is 760
prohibited. 761
(c) The construction or operation of a wind turbine on 762
waters of this state and any submerged lands is p rohibited. 763
(3) REVIEW.-The department shall review all applications 764
for federal wind energy leases in the territorial waters of the 765
United States adjacent to waters of this state and shall signify 766
its approval of or objection to each application. 767
(4) INJUNCTIVE RELIEF. -The department may bring an action 768
for injunctive relief against any person who owns, constructs, 769
or operates an offshore wind energy facility or a wind turbine 770
in this state in violation of this section. 771
Section 12. Sections 377.801, 377.802, 377.803, 377.804, 772
377.808, 377.809, and 377.816, Florida Statutes, are repealed. 773
Section 13. (1) For programs established pursuant to s. 774
377.804, s. 377.808, s. 377.809, or s. 377.816, Florida 775
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Statutes, there may not be: 776
(a) New or additional applications, certifications, or 777
allocations approved. 778
(b) New letters of certification issued. 779
(c) New contracts or agreements executed. 780
(d) New awards made. 781
(2) All certifications or allocations issued under such 782
programs are rescinded except for the certifications of, or 783
allocations to, those certified applicants or projects that 784
continue to meet the applicable criteria in effect before July 785
1, 2024. Any existing contract or agreement authorized under any 786
of these programs shall continue in full force and effect in 787
accordance with the statutory requirements in effect when the 788
contract or agreement was executed or last modified. However, 789
further modifications, extensions, or waivers may not be made or 790
granted relating to such contracts or agreements, except 791
computations by the Department of Revenue of the income 792
generated by or arising out of th e qualifying project. 793
Section 14. Paragraph (d) of subsection (2) of section 794
220.193, Florida Statutes, is amended to read: 795
220.193 Florida renewable energy production credit. — 796
(2) As used in this section, the term: 797
(d) "Florida renewable energy facility" means a facility 798
in the state that produces electricity for sale from renewable 799
energy, as defined in s. 377.803 . 800
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Section 15. Subsection (7) of section 288.9606, Florida 801
Statutes, is amended to read: 802
288.9606 Issue of revenue bonds. — 803
(7) Notwithstanding any provision of this section, the 804
corporation in its corporate capacity may, without authorization 805
from a public agency under s. 163.01(7), issue revenue bonds or 806
other evidence of indebtedness under this section to: 807
(a) Finance the unde rtaking of any project within the 808
state that promotes renewable energy as defined in s. 366.91 or 809
s. 377.803; 810
(b) Finance the undertaking of any project within the 811
state that is a project contemplated or allowed under s. 406 of 812
the American Recovery and Reinvestment Act of 2009; or 813
(c) If permitted by federal law, finance qualifying 814
improvement projects within the state under s. 163.08 ; or. 815
(d) Finance the costs of acquisition or construction of a 816
transportation facility by a private entity or consort ium of 817
private entities under a public -private partnership agreement 818
authorized by s. 334.30. 819
Section 16. Paragraph (w) of subsection (2) of section 820
380.0651, Florida Statutes, is amended to read: 821
380.0651 Statewide guidelines, standards, and exempti ons.— 822
(2) STATUTORY EXEMPTIONS. —The following developments are 823
exempt from s. 380.06: 824
(w) Any development in an energy economic zone designated 825
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pursuant to s. 377.809 upon approval by its local governing 826
body. 827
828
If a use is exempt from review pursuant t o paragraphs (a)-(u), 829
but will be part of a larger project that is subject to review 830
pursuant to s. 380.06(12), the impact of the exempt use must be 831
included in the review of the larger project, unless such exempt 832
use involves a development that includes a landowner, tenant, or 833
user that has entered into a funding agreement with the state 834
land planning agency under the Innovation Incentive Program and 835
the agreement contemplates a state award of at least $50 836
million. 837
Section 17. Subsection (2) of section 403.9405, Florida 838
Statutes, is amended to read: 839
403.9405 Applicability; certification; exemption; notice 840
of intent.— 841
(2) No construction of A natural gas transmission pipeline 842
may not be constructed be undertaken after October 1, 1992, 843
without first obtaining certification under ss. 403.9401 -844
403.9425, but these sections do not apply to: 845
(a) Natural gas transmission pipelines which are less than 846
100 15 miles in length or which do not cross a county line, 847
unless the applicant has electe d to apply for certification 848
under ss. 403.9401-403.9425. 849
(b) Natural gas transmission pipelines for which a 850
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certificate of public convenience and necessity has been issued 851
under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 852
natural gas transmission pipeline certified as an associated 853
facility to an electrical power plant pursuant to the Florida 854
Electrical Power Plant Siting Act, ss. 403.501 -403.518, unless 855
the applicant elects to apply for certification of that pipeline 856
under ss. 403.9401-403.9425. 857
(c) Natural gas transmission pipelines that are owned or 858
operated by a municipality or any agency thereof, by any person 859
primarily for the local distribution of natural gas, or by a 860
special district created by special act to distribute natural 861
gas, unless the applicant elects to apply for certification of 862
that pipeline under ss. 403.9401 -403.9425. 863
Section 18. Subsection (3) of section 720.3075, Florida 864
Statutes, is amended to read: 865
720.3075 Prohibited clauses in association documents. — 866
(3) Homeowners' association documents, including 867
declarations of covenants, articles of incorporation, or bylaws, 868
may not preclude: 869
(a) The display of up to two portable, removable flags as 870
described in s. 720.304(2)(a) by property owners. However, all 871
flags must be displayed in a respectful manner consistent with 872
the requirements for the United States flag under 36 U.S.C. 873
chapter 10. 874
(b) Types or fuel sources of energy production which may 875
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be used, delivered, converted, or supplied by the following 876
entities to serve customers within the association that such 877
entities are authorized to serve: 878
1. A public utility or an electric utility as defined in 879
this chapter; 880
2. An entity formed under s. 163.01 that generates, sells, 881
or transmits electrical energy; 882
3. A natural gas utility as defined in s. 366.04(3)(c); 883
4. A natural gas transmission company as defined in s. 884
368.103; or 885
5. A Category I liquefied petroleum gas dealer, a Category 886
II liquefied petroleum gas dispenser, or a Category III 887
liquefied petroleum gas cylinder exchange operator as defined in 888
s. 527.01. 889
(c) The use of an appliance, including a stove or grill, 890
which uses the types or fuel sources of energy production which 891
may be used, delivered, converted, or supplied by the entities 892
listed in paragraph (b). As used in this paragraph, the term 893
"appliance" means a device or apparatus manufactured and 894
designed to use energy and for which the Florida Building Code 895
or the Florida Fire Prevention Code provides specific 896
requirements. 897
Section 19. (1) The Public Service Commission shall 898
conduct an assessment of the security and resiliency of the 899
state's electric grid and natu ral gas facilities against both 900
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physical threats and cyber threats. In conducting this 901
assessment, the commission shall consult with the Division of 902
Emergency Management and, in its assessment of cyber threats, 903
shall consult with the Florida Digital Servic e. All electric 904
utilities, natural gas utilities, and natural gas pipelines 905
operating in this state, regardless of ownership structure, 906
shall cooperate with the commission to provide access to all 907
information necessary to conduct the assessment. 908
(2) By July 1, 2025, the commission shall submit a report 909
of its assessment to the Governor, the President of the Senate, 910
and the Speaker of the House of Representatives. The report must 911
also contain any recommendations for potential legislative or 912
administrative actions that may enhance the physical security or 913
cyber security of the state's electric grid or natural gas 914
facilities. 915
Section 20. (1) Recognizing the evolution and advances 916
that have occurred and continue to occur in nuclear power 917
technologies, the Public Service Commission shall study and 918
evaluate the technical and economic feasibility of using 919
advanced nuclear power technologies, including small modular 920
reactors, to meet the electrical power needs of the state, and 921
research means to encourage and foster the installation and use 922
of such technologies at military installations in the state in 923
partnership with public utilities. In conducting this study, the 924
commission shall consult with the Department of Environmental 925
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Protection and the Division of Eme rgency Management. 926
(2) By April 1, 2025, the commission shall prepare and 927
submit a report to the Governor, the President of the Senate, 928
and the Speaker of the House of Representatives, containing its 929
findings and any recommendations for potential legisla tive or 930
administrative actions that may enhance the use of advanced 931
nuclear technologies in a manner consistent with the energy 932
policy goals in s. 377.601(2), Florida Statutes. 933
Section 21. (1) Recognizing the continued development of 934
technologies that support the use of hydrogen as a 935
transportation fuel and the potential for such use to help meet 936
the state's energy policy goals in s. 377.601(2), Florida 937
Statutes, the Department of Transportation, in consultation with 938
the Office of Energy within the Dep artment of Agriculture and 939
Consumer Services, shall study and evaluate the potential 940
development of hydrogen fueling infrastructure, including 941
fueling stations, to support hydrogen -powered vehicles that use 942
the state highway system. 943
(2) By April 1, 2025, the Department of Transportation 944
shall prepare and submit a report to the Governor, the President 945
of the Senate, and the Speaker of the House of Representatives, 946
containing its findings and any recommendations for potential 947
legislative or administrative a ctions that may accommodate the 948
future development of hydrogen fueling infrastructure in a 949
manner consistent with the energy policy goals in s. 377.601(2), 950
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Florida Statutes. 951
Section 22. This act shall take effect July 1, 2024. 952