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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; 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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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
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 t he 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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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
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 or expansion of certain wind energy 91
facilities and wind turbines in the state; requiring 92
the Department of Environmental Protection to review 93
applications for federal wind energy leases in 94
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 P rotection Act; repealing s. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
377.802, 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; r equiring the commission to 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
coordinate, develop, and recommend a plan under which 126
an assessment of the security and resiliency of the 127
state's electric grid and natural gas facilities 128
against physical threats and cyber threats may be 129
conducted; requiring the commission to consult with 130
the Division of Emergency Management and the Florida 131
Digital Service; requiring cooperation from all 132
operating facilities in the state relating to such 133
plan; providing additional content requirements for 134
such plan; requiring the commission to submit by a 135
recommended plan by a specified date to the Governor 136
and the Legislature; providing additional content 137
requirements for such plan; requiring the commission 138
to study and evaluate the technical and economic 139
feasibility of using adv anced nuclear power 140
technologies to meet the electrical power needs of the 141
state; requiring the commission to research means to 142
encourage and foster the installation and use of such 143
technologies at military installations in partnership 144
with public utilitie s; requiring the commission to 145
consult with the Department of Environmental 146
Protection and the Division of Emergency Management; 147
requiring the commission to submit by a specified date 148
a report to the Governor and the Legislature that 149
contains its findings and any additional 150
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recommendations for potential legislative or 151
administrative actions; requiring the Department of 152
Transportation, in consultation with the Office of 153
Energy within the Department of Agriculture and 154
Consumer Services, to study and evaluate the potential 155
development of hydrogen fueling infrastructure to 156
support hydrogen-powered vehicles; requiring the 157
department to submit by a specified date a report to 158
the Governor and the Legislature that contains its 159
findings and recommendations for specif ied actions 160
that may accommodate the future development of 161
hydrogen fueling infrastructure; providing effective 162
dates. 163
164
Be It Enacted by the Legislature of the State of Florida: 165
166
Section 1. Section 163.3210, Florida Statutes, is created 167
to read: 168
163.3210 Natural gas resiliency and reliability 169
infrastructure.- 170
(1) It is the intent of the Legislature to maintain, 171
encourage, and ensure adequate and reliable fuel sources for 172
public utilities. The resiliency and reliability of fuel sources 173
for public utilities is critical to the state's economy; the 174
ability of the state to recover from natural disasters; and the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
health, safety, welfare, and quality of life of the residents of 176
the state. 177
(2) As used in this section, the term: 178
(a) "Natural gas" mean s all forms of fuel commonly or 179
commercially known or sold as natural gas, including compressed 180
natural gas and liquefied natural gas. 181
(b) "Natural gas reserve" means a facility that is capable 182
of storing and transporting and, when operational, actively 183
stores and transports a supply of natural gas. 184
(c) "Public utility" has the same meaning as defined in s. 185
366.02. 186
(d) "Resiliency facility" means a facility owned and 187
operated by a public utility for the purposes of assembling, 188
creating, holding, secur ing, or deploying natural gas reserves 189
for temporary use during a system outage or natural disaster. 190
(3) A resiliency facility is a permitted use in all 191
commercial, industrial, and manufacturing land use categories in 192
a local government comprehensive pla n and all commercial, 193
industrial, and manufacturing districts. A resiliency facility 194
must comply with the setback and landscape criteria for other 195
similar uses. A local government may adopt an ordinance 196
specifying buffer and landscaping requirements for re siliency 197
facilities, provided such requirements do not exceed the 198
requirements for similar uses involving the construction of 199
other facilities that are permitted uses in commercial, 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
industrial, and manufacturing land use categories and zoning 201
districts. 202
(4) After July 1, 2024, a local government may not amend 203
its comprehensive plan, land use map, zoning districts, or land 204
development regulations in a manner that would conflict with a 205
resiliency facility's classification as a permitted and 206
allowable use, including, but not limited to, an amendment that 207
causes a resiliency facility to be a nonconforming use, 208
structure, or development. 209
Section 2. Section 286.29, Florida Statutes, is amended to 210
read: 211
286.29 Energy guidelines for Climate-friendly public 212
business.—The Legislature recognizes the importance of 213
leadership by state government in the area of energy efficiency 214
and in reducing the greenhouse gas emissions of state government 215
operations. The following shall pertain to all state agencies 216
when conducting public business: 217
(1) The Department of Management Services shall develop 218
the "Florida Climate -Friendly Preferred Products List." In 219
maintaining that list, the department, in consultation with the 220
Department of Environmental Protection, shall continually assess 221
products currently available for purchase under state term 222
contracts to identify specific products and vendors that offer 223
clear energy efficiency or other environmental benefits over 224
competing products. When procuring products from state term 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
contracts, state agencies shall first consult the Florida 226
Climate-Friendly Preferred Products List and procure such 227
products if the price is comparable. 228
(2) State agencies shall contract for meeting and 229
conference space only with hotels or conference facilities that 230
have received the "Green Lodging" designation from the 231
Department of Environmental Protection for best practices in 232
water, energy, and waste efficiency standards, unless the 233
responsible state agency head makes a determination that no 234
other viable alternative exists. 235
(1)(3) Each state agency shall ensure that all maintained 236
vehicles meet minimum maintenance schedules shown to reduce fuel 237
consumption, which include: 238
(a) Ensuring appropriate tire pressures and tread depth .; 239
(b) Replacing fuel filters and emission filters at 240
recommended intervals .; 241
(c) Using proper motor oils .; and 242
(d) Performing timely motor maintenance. 243
244
Each state agency shall measure and report compliance to the 245
Department of Management Services through the Equipment 246
Management Information System database. 247
(4) When procuring new vehicles, all state agencies, state 248
universities, community colleges, and local governments that 249
purchase vehicles under a state purchasin g plan shall first 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
define the intended purpose for the vehicle and determine which 251
of the following use classes for which the vehicle is being 252
procured: 253
(a) State business travel, designated operator; 254
(b) State business travel, pool operators; 255
(c) Construction, agricultural, or maintenance work; 256
(d) Conveyance of passengers; 257
(e) Conveyance of building or maintenance materials and 258
supplies; 259
(f) Off-road vehicle, motorcycle, or all -terrain vehicle; 260
(g) Emergency response; or 261
(h) Other. 262
263
Vehicles described in paragraphs (a) through (h), when being 264
processed for purchase or leasing agreements, must be selected 265
for the greatest fuel efficiency available for a given use class 266
when fuel economy data are available. Exceptions may be made for 267
individual vehicles in paragraph (g) when accompanied, during 268
the procurement process, by documentation indicating that the 269
operator or operators will exclusively be emergency first 270
responders or have special documented need for exceptional 271
vehicle performance cha racteristics. Any request for an 272
exception must be approved by the purchasing agency head and any 273
exceptional performance characteristics denoted as a part of the 274
procurement process prior to purchase. 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
(2)(5) All state agencies shall use ethanol and biodiesel 276
blended fuels when available. State agencies administering 277
central fueling operations for state -owned vehicles shall 278
procure biofuels for fleet needs to the greatest extent 279
practicable. 280
(3)(a) The Department of Management Services shall, in 281
consultation with the Department of Commerce and the Department 282
of Agriculture and Consumer Services, develop a Florida Humane 283
Preferred Energy Products List. In developing the list, the 284
department must assess produc ts currently available for purchase 285
under state term contracts that contain or consist of an energy 286
storage device with a capacity of greater than one kilowatt -hour 287
or that contain or consist of an energy generation device with a 288
capacity of greater than 5 00 watts and identify specific 289
products that are made free from forced labor. For purposes of 290
this subsection, the term "forced labor" means work or service 291
exacted from any person, including a minor, under the menace of 292
a penalty for nonperformance and f or which the worker does not 293
offer himself or herself voluntarily or an activity that 294
violates s. 787.06. 295
(b) When procuring the types of energy products described 296
in paragraph (a) from state term contracts, state agencies and 297
political subdivisions shal l first consult the Florida Humane 298
Preferred Energy Products List and may not purchase or procure 299
products not included in the list. 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
Section 3. Subsections (1), (2), and (5) of section 301
366.032, Florida Statutes, are amended to read: 302
366.032 Preemption over utility service restrictions. — 303
(1) A municipality, county, special district, development 304
district, or other political subdivision of the state may not 305
enact or enforce a resolution, ordinance, rule, code, or policy 306
or take any action that restrict s or prohibits or has the effect 307
of restricting or prohibiting the types or fuel sources of 308
energy production which may be used, delivered, converted, or 309
supplied by the following entities to serve customers that such 310
entities are authorized to serve: 311
(a) A public utility or an electric utility as defined in 312
this chapter; 313
(b) An entity formed under s. 163.01 that generates, 314
sells, or transmits electrical energy; 315
(c) A natural gas utility as defined in s. 366.04(3)(c); 316
(d) A natural gas transmission company as defined in s. 317
368.103; or 318
(e) A Category I liquefied petroleum gas dealer or 319
Category II liquefied petroleum gas dispenser or Category III 320
liquefied petroleum gas cylinder exchange operator as defined in 321
s. 527.01. 322
(2) Except to the extent necessary to enforce the Florida 323
Building Code adopted pursuant to s. 553.73 or the Florida Fire 324
Prevention Code adopted pursuant to s. 633.202, a municipality, 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
county, special district, development district, or other 326
political subdivision of the state may not enact or enforce a 327
resolution, an ordinance, a rule, a code, or a policy or take 328
any action that restricts or prohibits or has the effect of 329
restricting or prohibiting the use of an appliance, including a 330
stove or grill, which uses the types or fuel sources of energy 331
production which may be used, delivered, converted, or supplied 332
by the entities listed in subsection (1). As used in this 333
subsection, the term "appliance" means a device or apparatus 334
manufactured and designed to use energy and for which the 335
Florida Building Code or the Florida Fire Prevention Code 336
provides specific requirements. 337
(5) Any municipality, county, special district, 338
development district, or political subdivision charter, 339
resolution, ordinance, rule , code, policy, or action that is 340
preempted by this act that existed before or on July 1, 2021, is 341
void. 342
Section 4. Section 366.042, Florida Statutes, is created 343
to read: 344
366.042 Mutual aid agreements of electric cooperatives and 345
municipal electric u tilities.- 346
(1) For the purposes of restoring power following a 347
natural disaster that is subject to a state of emergency 348
declared by the Governor, all electric cooperatives and 349
municipal electric utilities shall enter into and maintain, at a 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
minimum, one of the following: 351
(a) A mutual aid agreement with a municipal electric 352
utility; 353
(b) A mutual aid agreement with an electric cooperative; 354
(c) A mutual aid agreement with a public utility; or 355
(d) A pre-event agreement with a private contractor. 356
(2) All electric cooperatives and municipal electric 357
utilities operating in this state shall annually submit to the 358
commission an attestation, in conformity with s. 92.525, stating 359
that the organization has complied with the requirements of this 360
section on or before May 15. Nothing in this section shall be 361
construed to give the commission jurisdiction over the terms and 362
conditions of a mutual aid agreement or agreement with a private 363
contractor entered into by an electric cooperative or a 364
municipal electric utility. 365
(3) The commission shall compile the attestations and 366
annually submit a copy to the Division of Emergency Management 367
no later than May 30. 368
(4) An electric cooperative or municipal electric utility 369
that submits the attestation required by thi s section is 370
eligible to receive state financial assistance, if such funding 371
is available, for power restoration efforts following a natural 372
disaster that is subject to a state of emergency declared by the 373
Governor. 374
(5) An electric cooperative or municip al electric utility 375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that does not submit an attestation required by this section is 376
ineligible to receive state financial assistance for power 377
restoration efforts following a natural disaster that is subject 378
to a state of emergency declared by the Governor , until such 379
time as the attestation is submitted. 380
(6) Nothing in this section shall be construed to 381
prohibit, limit, or disqualify an electric cooperative or 382
municipal electric utility from receiving funding under The 383
Stafford Act, 42 U.S.C. 5121 et seq ., or any other federal 384
program, including programs administered by the state. 385
(7) This section does not expand or alter the jurisdiction 386
of the commission over public utilities or electric utilities. 387
Section 5. Section 366.057, Florida Statutes, is created 388
to read: 389
366.057 Retirement of electrical power plants. -A public 390
utility shall provide notice to the commission at least 90 days 391
before the full retirement of an electrical power plant if the 392
date of such retirement does not coincide with the ret irement 393
date in the public utility's most recently approved depreciation 394
study. No later than 90 days after such notice, the commission 395
may schedule a hearing to determine whether retirement of the 396
plant is prudent and consistent with the state's energy po licy 397
goals in s. 377.601(2). At a hearing scheduled under this 398
section, the utility shall present its proposed retirement date 399
for the plant, remaining depreciation expense on the plant, any 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
other costs to be recovered in relation to the plant, and any 401
planned replacement capacity. 402
Section 6. Subsection (4) is added to Section 366.94, 403
Florida Statutes, to read: 404
366.94 Electric vehicle charging stations.— 405
(4) Upon petition of a public utility, the commission may 406
approve voluntary electric vehicle cha rging programs to become 407
effective on or after January 1, 2025, to include, but not be 408
limited to, residential, fleet, and public electric vehicle 409
charging, upon a determination by the commission that the 410
utility's general body of ratepayers, as a whole, w ill not pay 411
to support recovery of its electric vehicle charging investment 412
by the end of the useful life of the assets dedicated to the 413
electric vehicle charging service. This provision does not 414
preclude cost recovery for electric vehicle charging program s 415
approved by the commission before January 1, 2024. 416
Section 7. Section 366.99, Florida Statutes, is created to 417
read: 418
366.99 Natural gas facilities relocation costs. — 419
(1) As used in this section, the term: 420
(a) "Authority" has the same meaning as in s. 421
337.401(1)(a). 422
(b) "Facilities relocation" means the physical moving, 423
modification, or reconstruction of public utility facilities to 424
accommodate the requirements imposed by an authority. 425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) "Natural gas facilities" or "facilities" means gas 426
mains, laterals, and service lines used to distribute natural 427
gas to customers. The term includes all ancillary equipment 428
needed for safe operations, including, but not limited to, 429
regulating stations, meters, other measuring devices, 430
regulators, and pressure monitoring equipment. 431
(d) "Natural gas facilities relocation costs" means the 432
costs to relocate or reconstruct facilities as required by a 433
mandate, a statute, a law, an ordinance, or an agreement between 434
the utility and an authority, including, but not limited to, 435
costs associated with reviewing plans provided by an authority. 436
The term does not include any costs recovered through the public 437
utility's base rates. 438
(e) "Public utility" or "utility" has the same meaning as 439
in s. 366.02, except that the term does not include an electric 440
utility. 441
(2) A utility may submit to the commission, pursuant to 442
commission rule, a petition describing the utility's projected 443
natural gas facilities relocation costs for th e next calendar 444
year, actual natural gas facilities relocation costs for the 445
prior calendar year, and proposed cost -recovery factors designed 446
to recover such costs. A utility's decision to proceed with 447
implementing a plan before filing such a petition does not 448
constitute imprudence. 449
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(3) The commission shall conduct an annual proceeding to 450
determine each utility's prudently incurred natural gas 451
facilities relocation costs and to allow each utility to recover 452
such costs through a charge separate and apart f rom base rates, 453
to be referred to as the natural gas facilities relocation cost 454
recovery clause. The commission's review in the proceeding is 455
limited to determining the prudence of the utility's actual 456
incurred natural gas facilities relocation costs and t he 457
reasonableness of the utility's projected natural gas facilities 458
relocation costs for the following calendar year; and providing 459
for a true-up of the costs with the projections on which past 460
factors were set. The commission shall require that any refund 461
or collection made as a part of the true -up process includes 462
interest. 463
(4) All costs approved for recovery through the natural 464
gas facilities relocation cost recovery clause must be allocated 465
to customer classes pursuant to the rate design most recently 466
approved by the commission. 467
(5) If a capital expenditure is recoverable as a natural 468
gas facilities relocation cost, the public utility may recover 469
the annual depreciation on the cost, calculated at the public 470
utility's current approved depreciation rat es, and a return on 471
the undepreciated balance of the costs at the public utility's 472
weighted average cost of capital using the last approved return 473
on equity. 474
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(6) The commission shall adopt rules to implement and 475
administer this section and shall propose a rule for adoption as 476
soon as practicable after July 1, 2024. 477
Section 8. Section 377.601, Florida Statutes, is amended 478
to read: 479
377.601 Legislative intent. — 480
(1) The purpose of the state's energy policy is to ensure 481
an adequate, reliable, and cost -effective supply of energy for 482
the state in a manner that promotes the health and welfare of 483
the public and economic growth. The Legislature intends that 484
governance of the state's energy policy be efficiently directed 485
toward achieving this purpose. The Legislature finds that the 486
state's energy security can be increased by lessening dependence 487
on foreign oil; that the impacts of global climate change can be 488
reduced through the reduction of greenhouse gas emissions; and 489
that the implementation of alternative energy technologies can 490
be a source of new jobs and employment opportunities for many 491
Floridians. The Legislature further finds that the state is 492
positioned at the front line against potential impacts of global 493
climate change. Human and economic costs of t hose impacts can be 494
averted by global actions and, where necessary, adapted to by a 495
concerted effort to make Florida's communities more resilient 496
and less vulnerable to these impacts. In focusing the 497
government's policy and efforts to benefit and protect o ur 498
state, its citizens, and its resources, the Legislature believes 499
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that a single government entity with a specific focus on energy 500
and climate change is both desirable and advantageous. Further, 501
the Legislature finds that energy infrastructure provides th e 502
foundation for secure and reliable access to the energy supplies 503
and services on which Florida depends. Therefore, there is 504
significant value to Florida consumers that comes from 505
investment in Florida's energy infrastructure that increases 506
system reliability, enhances energy independence and 507
diversification, stabilizes energy costs, and reduces greenhouse 508
gas emissions. 509
(2) For the purposes of subsection (1), the state's energy 510
policy must be guided by the following goals: 511
(a) Ensuring a cost -effective and affordable energy 512
supply. 513
(b) Ensuring adequate supply and capacity. 514
(c) Ensuring a secure, resilient, and reliable energy 515
supply, with an emphasis on a diverse supply of domestic energy 516
resources. 517
(d) Protecting public safety. 518
(e) Protecting the state's natural resources, including 519
its coastlines, tributaries, and waterways. 520
(f) Supporting economic growth. 521
(3)(2) In furtherance of the goals in subsection (2), it 522
is the policy of the state of Florida to: 523
(a) Develop and Promote the cost-effective development and 524
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effective use of a diverse supply of domestic energy resources 525
in the state and, discourage all forms of energy waste, and 526
recognize and address the potential of global climate change 527
wherever possible. 528
(b) Promote the cost-effective development and maintenance 529
of energy infrastructure that is resilient to natural and 530
manmade threats to the security and reliability of the state's 531
energy supply. Play a leading role in developing and instituting 532
energy management programs aimed at promoting energy 533
conservation, energy security, and the reduction of greenhouse 534
gas emissions. 535
(c) Reduce reliance on foreign energy resources. 536
(d)(c) Include energy reliability and security 537
considerations in all state, regional, and local planning. 538
(e)(d) Utilize and manage effectively energy resources 539
used within state agencies. 540
(f)(e) Encourage local governments to include energy 541
considerations in all planning and to support their work in 542
promoting energy management programs. 543
(g)(f) Include the full participation of citizens in the 544
development and implementation of energy programs. 545
(h)(g) Consider in its decisions the energy needs of each 546
economic sector, including residential, industrial, commercial, 547
agricultural, and governmental uses, and reduce those needs 548
whenever possible. 549
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(i)(h) Promote energy education and the public 550
dissemination of information on energy and its impacts in 551
relation to the goals in subsection (2) environmental, economic, 552
and social impact. 553
(j)(i) Encourage the research, development, demonstration, 554
and application of domestic energy resources, including the use 555
of alternative energy resources, particularly renewable energy 556
resources. 557
(k)(j) Consider, in its decisionmaking, the impacts of 558
energy-related activities on the goals in subsection (2) social, 559
economic, and environmental impacts of energy -related 560
activities, including the whole -life-cycle impacts of any 561
potential energy use choices, so that detrimental effects of 562
these activities are unde rstood and minimized. 563
(l)(k) Develop and maintain energy emergency preparedness 564
plans to minimize the effects of an energy shortage within this 565
state Florida. 566
Section 9. Subsection (2) of section 377.6015, Florida 567
Statutes, is amended to read: 568
377.6015 Department of Agriculture and Consumer Services; 569
powers and duties.— 570
(2) The department shall: 571
(a) Administer the Florida Renewable Energy and Energy -572
Efficient Technologies Grants Program pursuant to s. 377.804 to 573
assure a robust grant portfolio. 574
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(a)(b) Develop policy for requiring grantees to provide 575
royalty-sharing or licensing agreements with state government 576
for commercialized products developed under a state grant. 577
(c) Administer the Florida Green Government Grants Act 578
pursuant to s. 377.8 08 and set annual priorities for grants. 579
(b)(d) Administer the information gathering and reporting 580
functions pursuant to ss. 377.601 -377.608. 581
(e) Administer the provisions of the Florida Energy and 582
Climate Protection Act pursuant to ss. 377.801 -377.804. 583
(c)(f) Advocate for energy and climate change issues 584
consistent with the goals in s. 377.601(2) and provide 585
educational outreach and technical assistance in cooperation 586
with the state's academic institutions. 587
(d)(g) Be a party in the proceedings to a dopt goals and 588
submit comments to the Public Service Commission pursuant to s. 589
366.82. 590
(e)(h) Adopt rules pursuant to chapter 120 in order to 591
implement all powers and duties described in this section. 592
Section 10. Subsection (1) and paragraphs (e), (f ), (h), 593
and (m) of subsection (2) of section 377.703, Florida Statutes, 594
are amended to read: 595
377.703 Additional functions of the Department of 596
Agriculture and Consumer Services. — 597
(1) LEGISLATIVE INTENT. —Recognizing that energy supply and 598
demand questions have become a major area of concern to the 599
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state which must be dealt with by effective and well -coordinated 600
state action, it is the intent of the Legislature to promote the 601
efficient, effective, and economical management of energy 602
problems, centralize e nergy coordination responsibilities, 603
pinpoint responsibility for conducting energy programs, and 604
ensure the accountability of state agencies for the 605
implementation of s. 377.601 s. 377.601(2), the state energy 606
policy. It is the specific intent of the Legis lature that 607
nothing in this act shall in any way change the powers, duties, 608
and responsibilities assigned by the Florida Electrical Power 609
Plant Siting Act, part II of chapter 403, or the powers, duties, 610
and responsibilities of the Florida Public Service Co mmission. 611
(2) DUTIES.—The department shall perform the following 612
functions, unless as otherwise provided, consistent with the 613
development of a state energy policy: 614
(e) The department shall analyze energy data collected and 615
prepare long-range forecasts of energy supply and demand in 616
coordination with the Florida Public Service Commission, which 617
is responsible for electricity and natural gas forecasts. To 618
this end, the forecasts shall contain: 619
1. An analysis of the relationship of state economic 620
growth and development to energy supply and demand, including 621
the constraints to economic growth resulting from energy supply 622
constraints. 623
2. Plans for the development of renewable energy resources 624
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and reduction in dependence on depletable energy resources, 625
particularly oil and natural gas, and An analysis of the extent 626
to which domestic energy resources, including renewable energy 627
sources, are being utilized in this the state. 628
3. Consideration of alternative scenarios of statewide 629
energy supply and demand for 5, 10, and 20 years to identify 630
strategies for long-range action, including identification of 631
potential impacts in relation to the goals in s. 377.601(2) 632
social, economic, and environmental effects . 633
4. An assessment of the st ate's energy resources, 634
including examination of the availability of commercially 635
developable and imported fuels, and an analysis of anticipated 636
impacts in relation to the goals in s. 377.601(2) effects on the 637
state's environment and social services resulting from energy 638
resource development activities or from energy supply 639
constraints, or both. 640
(f) The department shall submit an annual report to the 641
Governor and the Legislature reflecting its activities and 642
making recommendations for policies for improve ment of the 643
state's response to energy supply and demand and its effect on 644
the health, safety, and welfare of the residents of this state. 645
The report must include a report from the Florida Public Service 646
Commission on electricity and natural gas and inform ation on 647
energy conservation programs conducted and underway in the past 648
year and include recommendations for energy efficiency and 649
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conservation programs for the state, including: 650
1. Formulation of specific recommendations for improvement 651
in the efficiency of energy utilization in governmental, 652
residential, commercial, industrial, and transportation sectors. 653
2. Collection and dissemination of information relating to 654
energy efficiency and conservation. 655
3. Development and conduct of educational and trai ning 656
programs relating to energy efficiency and conservation. 657
4. An analysis of the ways in which state agencies are 658
seeking to implement s. 377.601 s. 377.601(2), the state energy 659
policy, and recommendations for better fulfilling this policy. 660
(h) The department shall promote the development and use 661
of renewable energy resources, in conformance with chapter 187 662
and s. 377.601, by: 663
1. Establishing goals and strategies for increasing the 664
use of renewable energy in this state. 665
1.2. Aiding and promoting the commercialization of 666
renewable energy resources, in cooperation with the Florida 667
Energy Systems Consortium; the Florida Solar Energy Center; and 668
any other federal, state, or local governmental agency that may 669
seek to promote research, develop ment, and the demonstration of 670
renewable energy equipment and technology. 671
2.3. Identifying barriers to greater use of renewable 672
energy resources in this state, and developing specific 673
recommendations for overcoming identified barriers, with 674
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findings and recommendations to be submitted annually in the 675
report to the Governor and Legislature required under paragraph 676
(f). 677
3.4. In cooperation with the Department of Environmental 678
Protection, the Department of Transportation, the Department of 679
Commerce, the Florida Energy Systems Consortium, the Florida 680
Solar Energy Center, and the Florida Solar Energy Industries 681
Association, investigating opportunities, pursuant to the 682
national Energy Policy Act of 1992, the Housing and Community 683
Development Act of 1992, and a ny subsequent federal legislation, 684
for renewable energy resources, electric vehicles, and other 685
renewable energy manufacturing, distribution, installation, and 686
financing efforts that enhance this state's position as the 687
leader in renewable energy research, development, and use. 688
4.5. Undertaking other initiatives to advance the 689
development and use of renewable energy resources in this state. 690
691
In the exercise of its responsibilities under this paragraph, 692
the department shall seek the assistance of the renew able energy 693
industry in this state and other interested parties and may 694
enter into contracts, retain professional consulting services, 695
and expend funds appropriated by the Legislature for such 696
purposes. 697
(m) In recognition of the devastation to the econom y of 698
this state and the dangers to the health and welfare of 699
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residents of this state caused by severe hurricanes, and the 700
potential for such impacts caused by other natural disasters, 701
the Division of Emergency Management shall include in its energy 702
emergency contingency plan and provide to the Florida Building 703
Commission for inclusion in the Florida Energy Efficiency Code 704
for Building Construction specific provisions to facilitate the 705
use of cost-effective solar energy technologies as emergency 706
remedial and preventive measures for providing electric power, 707
street lighting, and water heating service in the event of 708
electric power outages. 709
Section 11. Section 377.708, Florida Statutes, is created 710
to read: 711
377.708 Wind energy. - 712
(1) DEFINITIONS.-As used in this section, the term: 713
(a) "Coastline" means the established line of mean high 714
water. 715
(b) "Department" means the Department of Environmental 716
Protection. 717
(c) "Offshore wind energy facility" means any wind energy 718
facility located on waters of this state, including other 719
buildings, structures, vessels, or electrical transmission 720
cabling to be sited on waters of this state, or connected to 721
corresponding onshore substations that are used to support the 722
operation of one or more wind turbines sited or co nstructed on 723
waters of this state and any submerged lands or territorial 724
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waters that are not under the jurisdiction of the state. 725
(d) "Real property" has the same meaning as provided in s. 726
192.001(12). 727
(e) "Vessel" has the same meaning as provided in s . 728
327.02. 729
(f) "Waters of this state" has the same meaning as 730
provided in s. 327.02, except the term also includes all state 731
submerged lands. 732
(g) "Wind energy facility" means an electrical wind 733
generation facility or expansion thereof comprised of one o r 734
more wind turbines and including substations; meteorological 735
data towers; aboveground, underground, and electrical 736
transmission lines; and transformers, control systems, and other 737
buildings or structures under common ownership or operating 738
control used to support the operation of the facility the 739
primary purpose of which is to offer electricity supply for 740
sale. 741
(h) "Wind turbine" means a device or apparatus that has 742
the capability to convert kinetic wind energy into rotational 743
energy that drives an elec trical generator, consisting of a 744
tower body and rotator with two or more blades and capable of 745
producing more than 10 kilowatts of electrical power. The term 746
includes both horizontal and vertical axis turbines. The term 747
does not include devices used to me asure wind speed and 748
direction, such as an anemometer. 749
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(2) PROHIBITED ACTIVITIES. - 750
(a) Construction or expansion of the following is 751
prohibited: 752
1. An offshore wind energy facility. 753
2. A wind turbine or wind energy facility on real property 754
within 1 mile of coastline in this state. 755
3. A wind turbine or wind energy facility on real property 756
within 1 mile of the Atlantic Intracoastal Waterway or Gulf 757
Intracoastal Waterway. 758
4. A wind turbine or wind energy facility on waters of 759
this state and any su bmerged lands. 760
(b) This subsection does not prohibit: 761
1. Affixation of a wind turbine directly to a vessel 762
solely for the purpose of providing power to electronic 763
equipment located onboard the vessel. 764
2. Operation of a wind turbine installed before July 1, 765
2024. 766
(3) REVIEW.-The department shall review all applications 767
for federal wind energy leases in the territorial waters of the 768
United States adjacent to waters of this state and shall signify 769
its approval of or objection to each application. 770
(4) INJUNCTIVE RELIEF.-The department may bring an action 771
for injunctive relief against any person who constructs or 772
expands an offshore wind energy facility or a wind turbine in 773
this state in violation of this section. 774
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Section 12. Sections 377.801, 377. 802, 377.803, 377.804, 775
377.808, 377.809, and 377.816, Florida Statutes, are repealed. 776
Section 13. (1) For programs established pursuant to s. 777
377.804, s. 377.808, s. 377.809, or s. 377.816, Florida 778
Statutes, there may not be: 779
(a) New or additional applications, certifications, or 780
allocations approved. 781
(b) New letters of certification issued. 782
(c) New contracts or agreements executed. 783
(d) New awards made. 784
(2) All certifications or allocations issued under such 785
programs are rescinded except for the certifications of, or 786
allocations to, those certified applicants or projects that 787
continue to meet the applicable criteria in effect before July 788
1, 2024. Any existing contract or agreement authorized under any 789
of these programs shall continue in full force and effect in 790
accordance with the statutory requirements in effect when the 791
contract or agreement was executed or last modified. However, 792
further modifications, extensions, or waivers may not be made or 793
granted relating to such contracts or agreements, except 794
computations by the Department of Revenue of the income 795
generated by or arising out of the qualifying project. 796
Section 14. Paragraph (d) of subsection (2) of section 797
220.193, Florida Statutes, is amended to read: 798
220.193 Florida renewable energy production credit. — 799
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(2) As used in this section, the term: 800
(d) "Florida renewable energy facility" means a facility 801
in the state that produces electricity for sale from renewable 802
energy, as defined in s. 377.803 . 803
Section 15. Subsection (7) of section 288.9606, Florida 804
Statutes, is amended to read: 805
288.9606 Issue of revenue bonds. — 806
(7) Notwithstanding any provision of this section, the 807
corporation in its corporate capacity may, without authorization 808
from a public agency under s. 163.01(7), issue revenue bonds or 809
other evidence of indebtedness under this section to: 810
(a) Finance the undertaking of any project within the 811
state that promotes renewable energy as defined in s. 366.91 or 812
s. 377.803; 813
(b) Finance the undert aking of any project within the 814
state that is a project contemplated or allowed under s. 406 of 815
the American Recovery and Reinvestment Act of 2009; or 816
(c) If permitted by federal law, finance qualifying 817
improvement projects within the state under s. 163. 08; or. 818
(d) Finance the costs of acquisition or construction of a 819
transportation facility by a private entity or consortium of 820
private entities under a public -private partnership agreement 821
authorized by s. 334.30. 822
Section 16. Paragraph (w) of subsect ion (2) of section 823
380.0651, Florida Statutes, is amended to read: 824
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380.0651 Statewide guidelines, standards, and exemptions. — 825
(2) STATUTORY EXEMPTIONS. —The following developments are 826
exempt from s. 380.06: 827
(w) Any development in an energy economic zo ne designated 828
pursuant to s. 377.809 upon approval by its local governing 829
body. 830
831
If a use is exempt from review pursuant to paragraphs (a) -(u), 832
but will be part of a larger project that is subject to review 833
pursuant to s. 380.06(12), the impact of the exem pt use must be 834
included in the review of the larger project, unless such exempt 835
use involves a development that includes a landowner, tenant, or 836
user that has entered into a funding agreement with the state 837
land planning agency under the Innovation Incenti ve Program and 838
the agreement contemplates a state award of at least $50 839
million. 840
Section 17. Subsection (2) of section 403.9405, Florida 841
Statutes, is amended to read: 842
403.9405 Applicability; certification; exemption; notice 843
of intent.— 844
(2) No construction of A natural gas transmission pipeline 845
may not be constructed be undertaken after October 1, 1992, 846
without first obtaining certification under ss. 403.9401 -847
403.9425, but these sections do not apply to: 848
(a) Natural gas transmission pipelines which are less than 849
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100 15 miles in length or which do not cross a county line, 850
unless the applicant has elected to apply for certification 851
under ss. 403.9401-403.9425. 852
(b) Natural gas transmission pipelines for which a 853
certificate of public convenience and necessity has been issued 854
under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 855
natural gas transmission pipeline certified as an associated 856
facility to an electrical power plant pursuant to the Florida 857
Electrical Power Plant Siting Act, ss. 40 3.501-403.518, unless 858
the applicant elects to apply for certification of that pipeline 859
under ss. 403.9401-403.9425. 860
(c) Natural gas transmission pipelines that are owned or 861
operated by a municipality or any agency thereof, by any person 862
primarily for the local distribution of natural gas, or by a 863
special district created by special act to distribute natural 864
gas, unless the applicant elects to apply for certification of 865
that pipeline under ss. 403.9401 -403.9425. 866
Section 18. Subsection (3) of section 72 0.3075, Florida 867
Statutes, is amended to read: 868
720.3075 Prohibited clauses in association documents. — 869
(3) Homeowners' association documents, including 870
declarations of covenants, articles of incorporation, or bylaws, 871
may not preclude: 872
(a) The display of up to two portable, removable flags as 873
described in s. 720.304(2)(a) by property owners. However, all 874
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flags must be displayed in a respectful manner consistent with 875
the requirements for the United States flag under 36 U.S.C. 876
chapter 10. 877
(b) Types or fuel sources of energy production which may 878
be used, delivered, converted, or supplied by the following 879
entities to serve customers within the association that such 880
entities are authorized to serve: 881
1. A public utility or an electric utility as defined in 882
this chapter; 883
2. An entity formed under s. 163.01 that generates, sells, 884
or transmits electrical energy; 885
3. A natural gas utility as defined in s. 366.04(3)(c); 886
4. A natural gas transmission company as defined in s. 887
368.103; or 888
5. A Category I liqu efied petroleum gas dealer, a Category 889
II liquefied petroleum gas dispenser, or a Category III 890
liquefied petroleum gas cylinder exchange operator as defined in 891
s. 527.01. 892
(c) The use of an appliance, including a stove or grill, 893
which uses the types or fu el sources of energy production which 894
may be used, delivered, converted, or supplied by the entities 895
listed in paragraph (b). As used in this paragraph, the term 896
"appliance" means a device or apparatus manufactured and 897
designed to use energy and for which the Florida Building Code 898
or the Florida Fire Prevention Code provides specific 899
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requirements. 900
Section 19. (1) The Public Service Commission shall 901
coordinate, develop, and recommend a plan under which an 902
assessment of the security and resiliency of the state's 903
electric grid and natural gas facilities against both physical 904
threats and cyber threats may be conducted. In developing this 905
plan, the commission shall consult with the Division of 906
Emergency Management and, in its assessment of cyber threats, 907
shall consult with the Florida Digital Service. All electric 908
utilities, natural gas utilities, and natural gas pipelines 909
operating in this state shall cooperate with the commission in 910
developing the plan. The plan must address the manner in which 911
information needed to conduct a security and resiliency 912
assessment may be communicated, collected, shared, stored, and 913
adequately protected from disclosure to avoid adverse impacts on 914
the safe and reliable operation of the state's electric grid and 915
natural gas facilities. 916
(2) By January 31, 2025, the commission shall submit its 917
recommended plan to the Governor, the President of the Senate, 918
and the Speaker of the House of Representatives. The plan must 919
include any recommendations for legislation and may include 920
other recommendations as determined by the commission. 921
Section 20. (1) Recognizing the evolution and advances 922
that have occurred and continue to occur in nuclear power 923
technologies, the Public Service Commission shall study and 924
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evaluate the technical and ec onomic feasibility of using 925
advanced nuclear power technologies, including small modular 926
reactors, to meet the electrical power needs of the state, and 927
research means to encourage and foster the installation and use 928
of such technologies at military install ations in the state in 929
partnership with public utilities. In conducting this study, the 930
commission shall consult with the Department of Environmental 931
Protection and the Division of Emergency Management. 932
(2) By April 1, 2025, the commission shall prepare and 933
submit a report to the Governor, the President of the Senate, 934
and the Speaker of the House of Representatives, containing its 935
findings and any recommendations for potential legislative or 936
administrative actions that may enhance the use of advanced 937
nuclear technologies in a manner consistent with the energy 938
policy goals in s. 377.601(2), Florida Statutes. 939
Section 21. (1) Recognizing the continued development of 940
technologies that support the use of hydrogen as a 941
transportation fuel and the potential for such use to help meet 942
the state's energy policy goals in s. 377.601(2), Florida 943
Statutes, the Department of Transportation, in consultation with 944
the Office of Energy within the Department of Agriculture and 945
Consumer Services, shall study and evaluate t he potential 946
development of hydrogen fueling infrastructure, including 947
fueling stations, to support hydrogen -powered vehicles that use 948
the state highway system. 949
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(2) By April 1, 2025, the Department of Transportation 950
shall prepare and submit a report to t he Governor, the President 951
of the Senate, and the Speaker of the House of Representatives, 952
containing its findings and any recommendations for potential 953
legislative or administrative actions that may accommodate the 954
future development of hydrogen fueling i nfrastructure in a 955
manner consistent with the energy policy goals in s. 377.601(2), 956
Florida Statutes. 957
Section 22. This act shall take effect July 1, 2024. 958