Florida 2024 2024 Regular Session

Florida House Bill H1645 Engrossed / Bill

Filed 02/29/2024

                            
 
CS/CS/HB 1645, Engrossed 1 	2024 
 
 
 
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A bill to be entitled 1 
An act relating to energy resources; creating s. 2 
163.3210, F.S.; providing legislative intent; 3 
providing definitions; allowing resiliency facilities 4 
in certain land use categories in local government 5 
comprehensive plans and specified districts if certain 6 
criteria are met; allowing local governments to adopt 7 
ordinances for resiliency facilities if certain 8 
requirements are met; prohibiting amendments to a 9 
local government's comprehensive plan, land use map, 10 
zoning districts, or land development regulations in a 11 
manner that would conflict with resiliency facility 12 
classification after a specified date; amending s. 13 
286.29, F.S.; revising energy guidelines 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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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 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          
 
CS/CS/HB 1645, Engrossed 1 	2024 
 
 
 
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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 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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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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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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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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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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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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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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 (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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 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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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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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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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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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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 (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