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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
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; amending s. 366.032, F.S.; 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
including community development districts as a type of 26
political subdivision for purposes of preemption over 27
utility service restrictions; creating s. 366.042, 28
F.S.; requiring rural electric cooperati ves and 29
municipal electric utilities to enter into and 30
maintain at least one mutual aid agreement or pre -31
event agreement with certain entities for purposes of 32
restoring power after a natural disaster; requiring 33
rural electric cooperatives and municipal ele ctric 34
utilities to annually submit attestations of 35
compliance to the Public Service Commission; providing 36
construction; requiring the commission to compile the 37
attestations and annually submit a copy of such 38
attestations to the Division of Emergency Manage ment; 39
providing that the submission of such attestations 40
makes rural electric cooperatives and municipal 41
electric utilities eligible to receive state financial 42
assistance; providing that if such attestations are 43
not submitted, rural electric cooperatives a nd 44
municipal electric utilities are not eligible to 45
receive state financial assistance; providing 46
construction; creating s. 366.057, F.S.; requiring 47
public utilities to provide notice to the commission 48
of certain power plant retirements within a specified 49
timeframe; authorizing the commission to schedule 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
hearings within a specified timeframe to make certain 51
determinations on such plant retirements; specifying 52
information to be provided by public utilities at the 53
hearing; amending s. 366.94, F.S.; removing 54
terminology; authorizing the commission to approve 55
voluntary electric vehicle charging programs upon 56
petition of a public utility, to become effective on 57
or after a specified date, if certain requirements are 58
met; providing applicability; amending s. 403.50 3, 59
F.S.; defining the term "gross capacity"; creating s. 60
366.99, F.S.; providing definitions; authorizing 61
public utilities to submit to the commission a 62
petition for a proposed cost recovery for certain 63
natural gas facilities relocation costs; requiring th e 64
commission to conduct annual proceedings to determine 65
each utility's prudently incurred natural gas 66
facilities relocation costs and to allow for the 67
recovery of such costs; providing requirements for the 68
commission's review; providing requirements for th e 69
allocation of such recovered costs; requiring the 70
commission to adopt rules; providing a timeframe for 71
such rulemaking; amending s. 377.601, F.S.; revising 72
legislative intent; amending s. 377.6015, F.S.; 73
revising the powers and duties of the Department o f 74
Agriculture and Consumer Services; conforming 75
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provisions to changes made by the act; amending s. 76
377.703, F.S.; revising additional functions of the 77
department relating to energy resources; conforming 78
provisions to changes made by the act; creating s. 79
377.708, F.S.; providing definitions; prohibiting the 80
construction or expansion of certain wind energy 81
facilities and wind turbines in the state; requiring 82
the Department of Environmental Protection to review 83
applications for federal wind energy leases in 84
territorial waters of the United States adjacent to 85
water of this state and signify its approval or 86
objection to such applications; authorizing the 87
department to seek injunctive relief for violations; 88
repealing s. 377.801, F.S., relating to the Florida 89
Energy and Climate Protection Act; repealing s. 90
377.802, F.S., relating to the purpose of the act; 91
repealing s. 377.803, F.S., relating to definitions 92
under the act; repealing s. 377.804, F.S., relating to 93
the Renewable Energy and Energy -Efficient Technologies 94
Grants Program; repealing s. 377.808, F.S., relating 95
to the Florida Green Government Grants Act; repealing 96
s. 377.809, F.S., relating to the Energy Economic Zone 97
Pilot Program; repealing s. 377.816, F.S., relating to 98
the Qualified Energy Conservation Bond Allocation 99
Program; prohibiting the approval of new or additional 100
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applications, certifications, or allocations under 101
such programs; prohibiting new contracts, agreements, 102
and awards under such programs; rescinding all 103
certifications or allocations issued u nder such 104
programs; providing an exception; providing 105
application relating to existing contracts or 106
agreements under such programs; amending ss. 220.193, 107
288.9606, and 380.0651, F.S.; conforming provisions to 108
changes made by the act; amending s. 403.9405, F.S.; 109
revising the applicability of the Natural Gas 110
Transmission Pipeline Siting Act; amending s. 111
720.3075, F.S.; prohibiting certain homeowners' 112
association documents from precluding certain types or 113
fuel sources of energy production and the use of 114
certain appliances; requiring the commission to 115
coordinate, develop, and recommend a plan under which 116
an assessment of the security and resiliency of the 117
state's electric grid and natural gas facilities 118
against physical threats and cyber threats may be 119
conducted; requiring the commission to consult with 120
the Division of Emergency Management and the Florida 121
Digital Service; requiring cooperation from all 122
operating facilities in the state relating to such 123
plan; providing additional content requirements for 124
such plan; requiring the commission to submit by a 125
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recommended plan by a specified date to the Governor 126
and the Legislature; providing additional content 127
requirements for such plan; requiring the commission 128
to study and evaluate the technical and economic 129
feasibility of using advanced nuclear power 130
technologies to meet the electrical power needs of the 131
state; requiring the commission to research means to 132
encourage and foster the installation and use of such 133
technologies at military installations in partnership 134
with public utilities; requiring the commission to 135
consult with the Department of Environmental 136
Protection and the Division of Emergency Management; 137
requiring the commission to submit by a specified date 138
a report to the Governor and the Legislature that 139
contains its findings and any additional 140
recommendations for potential legislative or 141
administrative actions; requiring the Department of 142
Transportation, in consultation with the Office of 143
Energy within the Department of Agriculture and 144
Consumer Services, to stud y and evaluate the potential 145
development of hydrogen fueling infrastructure to 146
support hydrogen-powered vehicles; requiring the 147
department to submit by a specified date a report to 148
the Governor and the Legislature that contains its 149
findings and recommendat ions for specified actions 150
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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 may accommodate the future development of 151
hydrogen fueling infrastructure; providing effective 152
dates. 153
154
Be It Enacted by the Legislature of the State of Florida: 155
156
Section 1. Section 163.3210, Florida Statutes, is crea ted 157
to read: 158
163.3210 Natural gas resiliency and reliability 159
infrastructure.- 160
(1) It is the intent of the Legislature to maintain, 161
encourage, and ensure adequate and reliable fuel sources for 162
public utilities. The resiliency and reliability of fuel sou rces 163
for public utilities is critical to the state's economy; the 164
ability of the state to recover from natural disasters; and the 165
health, safety, welfare, and quality of life of the residents of 166
the state. 167
(2) As used in this section, the term: 168
(a) "Natural gas" means all forms of fuel commonly or 169
commercially known or sold as natural gas, including compressed 170
natural gas and liquefied natural gas. 171
(b) "Natural gas reserve" means a facility that is capable 172
of storing and transporting and, when operati onal, actively 173
stores and transports a supply of natural gas. 174
(c) "Public utility" has the same meaning as defined in s. 175
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366.02. 176
(d) "Resiliency facility" means a facility owned and 177
operated by a public utility for the purposes of assembling, 178
creating, holding, securing, or deploying natural gas reserves 179
for temporary use during a system outage or natural disaster. 180
(3) A resiliency facility is a permitted use in all 181
commercial, industrial, and manufacturing land use categories in 182
a local government co mprehensive plan and all commercial, 183
industrial, and manufacturing districts. A resiliency facility 184
must comply with the setback and landscape criteria for other 185
similar uses. A local government may adopt an ordinance 186
specifying buffer and landscaping requ irements for resiliency 187
facilities, provided such requirements do not exceed the 188
requirements for similar uses involving the construction of 189
other facilities that are permitted uses in commercial, 190
industrial, and manufacturing land use categories and zonin g 191
districts. 192
(4) After July 1, 2024, a local government may not amend 193
its comprehensive plan, land use map, zoning districts, or land 194
development regulations in a manner that would conflict with a 195
resiliency facility's classification as a permitted and 196
allowable use, including, but not limited to, an amendment that 197
causes a resiliency facility to be a nonconforming use, 198
structure, or development. 199
Section 2. Section 286.29, Florida Statutes, is amended to 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
read: 201
286.29 Energy guidelines for Climate-friendly public 202
business.—The Legislature recognizes the importance of 203
leadership by state government in the area of energy efficiency 204
and in reducing the greenhouse gas emissions of state government 205
operations. The following shall pertain to all state agenc ies 206
when conducting public business: 207
(1) The Department of Management Services shall develop 208
the "Florida Climate -Friendly Preferred Products List." In 209
maintaining that list, the department, in consultation with the 210
Department of Environmental Protection, shall continually assess 211
products currently available for purchase under state term 212
contracts to identify specific products and vendors that offer 213
clear energy efficiency or other environmental benefits over 214
competing products. When procuring products from state term 215
contracts, state agencies shall first consult the Florida 216
Climate-Friendly Preferred Products List and procure such 217
products if the price is comparable. 218
(2) State agencies shall contract for meeting and 219
conference space only with hotels or conference facilities that 220
have received the "Green Lodging" designation from the 221
Department of Environmental Protection for best practices in 222
water, energy, and waste efficiency standards, unless the 223
responsible state agency head makes a determination that no 224
other viable alternative exists. 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
(1)(3) Each state agency shall ensure that all maintained 226
vehicles meet minimum maintenance schedules shown to reduce fuel 227
consumption, which include: 228
(a) Ensuring appropriate tire pressures and tread depth .; 229
(b) Replacing fuel filters and emission filters at 230
recommended intervals .; 231
(c) Using proper motor oils .; and 232
(d) Performing timely motor maintenance. 233
234
Each state agency shall measure and report compliance to the 235
Department of Management Services through the Equipment 236
Management Information System database. 237
(4) When procuring new vehicles, all state agencies, state 238
universities, community colleges, and local governments that 239
purchase vehicles under a state purchasin g plan shall first 240
define the intended purpose for the vehicle and determine which 241
of the following use classes for which the vehicle is being 242
procured: 243
(a) State business travel, designated operator; 244
(b) State business travel, pool operators; 245
(c) Construction, agricultural, or maintenance work; 246
(d) Conveyance of passengers; 247
(e) Conveyance of building or maintenance materials and 248
supplies; 249
(f) Off-road vehicle, motorcycle, or all -terrain vehicle; 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
(g) Emergency response; or 251
(h) Other. 252
253
Vehicles described in paragraphs (a) through (h), when being 254
processed for purchase or leasing agreements, must be selected 255
for the greatest fuel efficiency available for a given use class 256
when fuel economy data are available. Exceptions may be made for 257
individual vehicles in paragraph (g) when accompanied, during 258
the procurement process, by documentation indicating that the 259
operator or operators will exclusively be emergency first 260
responders or have special documented need for exceptional 261
vehicle performance characteristics. Any request for an 262
exception must be approved by the purchasing agency head and any 263
exceptional performance characteristics denoted as a part of the 264
procurement process prior to purchase. 265
(2)(5) All state agencies shall use ethanol an d biodiesel 266
blended fuels when available. State agencies administering 267
central fueling operations for state -owned vehicles shall 268
procure biofuels for fleet needs to the greatest extent 269
practicable. 270
Section 3. Subsections (1), (2), and (5) of section 271
366.032, Florida Statutes, are amended to read: 272
366.032 Preemption over utility service restrictions. — 273
(1) A municipality, county, special district, community 274
development district created pursuant to chapter 190, or other 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
political subdivision of the sta te may not enact or enforce a 276
resolution, ordinance, rule, code, or policy or take any action 277
that restricts or prohibits or has the effect of restricting or 278
prohibiting the types or fuel sources of energy production which 279
may be used, delivered, converted , or supplied by the following 280
entities to serve customers that such entities are authorized to 281
serve: 282
(a) A public utility or an electric utility as defined in 283
this chapter; 284
(b) An entity formed under s. 163.01 that generates, 285
sells, or transmits elec trical energy; 286
(c) A natural gas utility as defined in s. 366.04(3)(c); 287
(d) A natural gas transmission company as defined in s. 288
368.103; or 289
(e) A Category I liquefied petroleum gas dealer or 290
Category II liquefied petroleum gas dispenser or Category I II 291
liquefied petroleum gas cylinder exchange operator as defined in 292
s. 527.01. 293
(2) Except to the extent necessary to enforce the Florida 294
Building Code adopted pursuant to s. 553.73 or the Florida Fire 295
Prevention Code adopted pursuant to s. 633.202, a municipality, 296
county, special district, community development district created 297
pursuant to chapter 190, or other political subdivision of the 298
state may not enact or enforce a resolution, an ordinance, a 299
rule, a code, or a policy or take any action that restricts or 300
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prohibits or has the effect of restricting or prohibiting the 301
use of an appliance, including a stove or grill, which uses the 302
types or fuel sources of energy production which may be used, 303
delivered, converted, or supplied by the entities listed in 304
subsection (1). As used in this subsection, the term "appliance" 305
means a device or apparatus manufactured and designed to use 306
energy and for which the Florida Building Code or the Florida 307
Fire Prevention Code provides specific requirements. 308
(5) Any municipality, county, special district, community 309
development district created pursuant to chapter 190, or 310
political subdivision charter, resolution, ordinance, rule, 311
code, policy, or action that is preempted by this act that 312
existed before or on July 1, 2021, is void. 313
Section 4. Section 366.042, Florida Statutes, is created 314
to read: 315
366.042 Mutual aid agreements of rural electric 316
cooperatives and municipal electric utilities. — 317
(1) For the purposes of r estoring power following a 318
natural disaster that is subject to a state of emergency 319
declared by the Governor, all rural electric cooperatives and 320
municipal electric utilities shall enter into and maintain, at a 321
minimum, one of the following: 322
(a) A mutual aid agreement with a municipal electric 323
utility; 324
(b) A mutual aid agreement with a rural electric 325
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cooperative; 326
(c) A mutual aid agreement with a public utility; or 327
(d) A pre-event agreement with a private contractor. 328
(2) All rural electric coopera tives and municipal electric 329
utilities operating in this state shall annually submit to the 330
commission an attestation, in conformity with s. 92.525, stating 331
that the organization has complied with the requirements of this 332
section on or before May 15. Nothi ng in this section shall be 333
construed to give the commission jurisdiction over the terms and 334
conditions of a mutual aid agreement or agreement with a private 335
contractor entered into by a rural electric cooperative or a 336
municipal electric utility. 337
(3) The commission shall compile the attestations and 338
annually submit a copy to the Division of Emergency Management 339
no later than May 30. 340
(4) A rural electric cooperative or municipal electric 341
utility that submits the attestation required by this section is 342
eligible to receive state financial assistance, if such funding 343
is available, for power restoration efforts following a natural 344
disaster that is subject to a state of emergency declared by the 345
Governor. 346
(5) A rural electric cooperative or municipal electri c 347
utility that does not submit an attestation required by this 348
section is ineligible to receive state financial assistance for 349
power restoration efforts following a natural disaster that is 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
subject to a state of emergency declared by the Governor, until 351
such time as the attestation is submitted. 352
(6) Nothing in this section shall be construed to 353
prohibit, limit, or disqualify a rural electric cooperative or 354
municipal electric utility from receiving funding under The 355
Stafford Act, 42 U.S.C. 5121 et seq., or any other federal 356
program, including programs administered by the state. 357
(7) This section does not expand or alter the jurisdiction 358
of the commission over public utilities or electric utilities. 359
Section 5. Section 366.057, Florida Statutes, is creat ed 360
to read: 361
366.057 Retirement of electrical power plants. —A public 362
utility shall provide notice to the commission at least 90 days 363
before the full retirement of an electrical power plant if the 364
date of such retirement does not coincide with the retireme nt 365
date in the public utility's most recently approved depreciation 366
study. No later than 90 days after such notice, the commission 367
may schedule a hearing to determine whether retirement of the 368
plant is prudent and consistent with the state's energy policy 369
goals in s. 377.601(2). At a hearing scheduled under this 370
section, the utility shall present its proposed retirement date 371
for the plant, remaining depreciation expense on the plant, any 372
other costs to be recovered in relation to the plant, and any 373
planned replacement capacity. 374
Section 6. Subsection (4) is added to Section 366.94, 375
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Florida Statutes, to read: 376
366.94 Electric vehicle charging stations.— 377
(4) Upon petition of a public utility, the commission may 378
approve voluntary electric vehicle charging programs to become 379
effective on or after January 1, 2025, to include, but not be 380
limited to, residential, fleet, and public electric vehicle 381
charging, upon a determination by the commission that the 382
utility's general body of ratepayers, as a whole, will n ot pay 383
to support recovery of its electric vehicle charging investment 384
by the end of the useful life of the assets dedicated to the 385
electric vehicle charging service. This provision does not 386
preclude cost recovery for electric vehicle charging programs 387
approved by the commission before January 1, 2024. 388
Section 7. Present subsections (17) through (31) of 389
section 403.503, Florida Statutes, are redesignated as 390
subsections (18) through (32), respectively, and a new 391
subsection (17) is added to that section, to read: 392
403.503 Definitions relating to Florida Electrical Power 393
Plant Siting Act.—As used in this act: 394
(17) "Gross capacity" means, for a steam facility, the 395
maximum generating capacity based on nameplate generator rating, 396
and for a solar electrical generating facility, the capacity 397
measured as alternating current which is independently metered 398
prior to the point of interconnection to the transmission grid. 399
Section 8. Section 366.99, Florida Statutes, is created to 400
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read: 401
366.99 Natural gas facil ities relocation costs. — 402
(1) As used in this section, the term: 403
(a) "Authority" has the same meaning as in s. 404
337.401(1)(a). 405
(b) "Facilities relocation" means the physical moving, 406
modification, or reconstruction of public utility facilities to 407
accommodate the requirements imposed by an authority. 408
(c) "Natural gas facilities" or "facilities" means gas 409
mains, laterals, and service lines used to distribute natural 410
gas to customers. The term includes all ancillary equipment 411
needed for safe operations, i ncluding, but not limited to, 412
regulating stations, meters, other measuring devices, 413
regulators, and pressure monitoring equipment. 414
(d) "Natural gas facilities relocation costs" means the 415
costs to relocate or reconstruct facilities as required by a 416
mandate, a statute, a law, an ordinance, or an agreement between 417
the utility and an authority, including, but not limited to, 418
costs associated with reviewing plans provided by an authority. 419
The term does not include any costs recovered through the public 420
utility's base rates. 421
(e) "Public utility" or "utility" has the same meaning as 422
in s. 366.02, except that the term does not include an electric 423
utility. 424
(2) A utility may submit to the commission, pursuant to 425
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commission rule, a petition describing the u tility's projected 426
natural gas facilities relocation costs for the next calendar 427
year, actual natural gas facilities relocation costs for the 428
prior calendar year, and proposed cost -recovery factors designed 429
to recover such costs. A utility's decision to pr oceed with 430
implementing a plan before filing such a petition does not 431
constitute imprudence. 432
(3) The commission shall conduct an annual proceeding to 433
determine each utility's prudently incurred natural gas 434
facilities relocation costs and to allow each ut ility to recover 435
such costs through a charge separate and apart from base rates, 436
to be referred to as the natural gas facilities relocation cost 437
recovery clause. The commission's review in the proceeding is 438
limited to determining the prudence of the utilit y's actual 439
incurred natural gas facilities relocation costs and the 440
reasonableness of the utility's projected natural gas facilities 441
relocation costs for the following calendar year; and providing 442
for a true-up of the costs with the projections on which pa st 443
factors were set. The commission shall require that any refund 444
or collection made as a part of the true -up process includes 445
interest. 446
(4) All costs approved for recovery through the natural 447
gas facilities relocation cost recovery clause must be alloca ted 448
to customer classes pursuant to the rate design most recently 449
approved by the commission. 450
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(5) If a capital expenditure is recoverable as a natural 451
gas facilities relocation cost, the public utility may recover 452
the annual depreciation on the cost, cal culated at the public 453
utility's current approved depreciation rates, and a return on 454
the undepreciated balance of the costs at the public utility's 455
weighted average cost of capital using the last approved return 456
on equity. 457
(6) The commission shall adopt rules to implement and 458
administer this section and shall propose a rule for adoption as 459
soon as practicable after July 1, 2024. 460
Section 9. Section 377.601, Florida Statutes, is amended 461
to read: 462
377.601 Legislative intent. — 463
(1) The purpose of the state's energy policy is to ensure 464
an adequate, reliable, and cost -effective supply of energy for 465
the state in a manner that promotes the health and welfare of 466
the public and economic growth. The Legislature intends that 467
governance of the state's energy policy be efficiently directed 468
toward achieving this purpose. The Legislature finds that the 469
state's energy security can be increased by lessening dependence 470
on foreign oil; that the impacts of global climate change can be 471
reduced through the reduction of greenhouse gas emissions; and 472
that the implementation of alternative energy technologies can 473
be a source of new jobs and employment opportunities for many 474
Floridians. The Legislature further finds that the state is 475
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positioned at the front line against potential impacts of global 476
climate change. Human and economic costs of those impacts can be 477
averted by global actions and, where necessary, adapted to by a 478
concerted effort to make Florida's communities more resilient 479
and less vulnerable to t hese impacts. In focusing the 480
government's policy and efforts to benefit and protect our 481
state, its citizens, and its resources, the Legislature believes 482
that a single government entity with a specific focus on energy 483
and climate change is both desirable a nd advantageous. Further, 484
the Legislature finds that energy infrastructure provides the 485
foundation for secure and reliable access to the energy supplies 486
and services on which Florida depends. Therefore, there is 487
significant value to Florida consumers that comes from 488
investment in Florida's energy infrastructure that increases 489
system reliability, enhances energy independence and 490
diversification, stabilizes energy costs, and reduces greenhouse 491
gas emissions. 492
(2) For the purposes of subsection (1), the state 's energy 493
policy must be guided by the following goals: 494
(a) Ensuring a cost -effective and affordable energy 495
supply. 496
(b) Ensuring adequate supply and capacity. 497
(c) Ensuring a secure, resilient, and reliable energy 498
supply, with an emphasis on a diverse supply of domestic energy 499
resources. 500
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(d) Protecting public safety. 501
(e) Protecting the state's natural resources, including 502
its coastlines, tributaries, and waterways. 503
(f) Supporting economic growth. 504
(3)(2) In furtherance of the goals in subsection (2), it 505
is the policy of the state of Florida to: 506
(a) Develop and Promote the cost-effective development and 507
effective use of a diverse supply of domestic energy resources 508
in the state and, discourage all forms of energy waste, and 509
recognize and address the potential of global climate change 510
wherever possible. 511
(b) Promote the cost-effective development and maintenance 512
of energy infrastructure that is resilient to natural and 513
manmade threats to the security and reliability of the state's 514
energy supply Play a leading role in developing and instituting 515
energy management programs aimed at promoting energy 516
conservation, energy security, and the reduction of greenhouse 517
gas emissions. 518
(c) Reduce reliance on foreign energy resources. 519
(d)(c) Include energy reliability and security 520
considerations in all state, regional, and local planning. 521
(e)(d) Utilize and manage effectively energy resources 522
used within state agencies. 523
(f)(e) Encourage local governments to include energy 524
considerations in all planning an d to support their work in 525
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promoting energy management programs. 526
(g)(f) Include the full participation of citizens in the 527
development and implementation of energy programs. 528
(h)(g) Consider in its decisions the energy needs of each 529
economic sector, incl uding residential, industrial, commercial, 530
agricultural, and governmental uses, and reduce those needs 531
whenever possible. 532
(i)(h) Promote energy education and the public 533
dissemination of information on energy and its impacts in 534
relation to the goals in su bsection (2) environmental, economic, 535
and social impact. 536
(j)(i) Encourage the research, development, demonstration, 537
and application of domestic energy resources, including the use 538
of alternative energy resources, particularly renewable energy 539
resources. 540
(k)(j) Consider, in its decisionmaking, the impacts of 541
energy-related activities on the goals in subsection (2) social, 542
economic, and environmental impacts of energy -related 543
activities, including the whole -life-cycle impacts of any 544
potential energy use choices, so that detrimental effects of 545
these activities are understood and minimized. 546
(l)(k) Develop and maintain energy emergency preparedness 547
plans to minimize the effects of an energy shortage within this 548
state Florida. 549
Section 10. Subsection (2) of section 377.6015, Florida 550
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Statutes, is amended to read: 551
377.6015 Department of Agriculture and Consumer Services; 552
powers and duties.— 553
(2) The department shall: 554
(a) Administer the Florida Renewable Energy and Energy -555
Efficient Technologies Grants Program pursuant to s. 377.804 to 556
assure a robust grant portfolio. 557
(a)(b) Develop policy for requiring grantees to provide 558
royalty-sharing or licensing agreements with state government 559
for commercialized products developed under a state grant. 560
(c) Administer the Florida Green Government Grants Act 561
pursuant to s. 377.808 and set annual priorities for grants. 562
(b)(d) Administer the information gathering and reporting 563
functions pursuant to ss. 377.601 -377.608. 564
(e) Administer the provisions of the Florida Energy and 565
Climate Protection Act pursuant to ss. 377.801 -377.804. 566
(c)(f) Advocate for energy and climate change issues 567
consistent with the goals in s. 377.601(2) and provide 568
educational outreach and technical assistance in co operation 569
with the state's academic institutions. 570
(d)(g) Be a party in the proceedings to adopt goals and 571
submit comments to the Public Service Commission pursuant to s. 572
366.82. 573
(e)(h) Adopt rules pursuant to chapter 120 in order to 574
implement all powers and duties described in this section. 575
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Section 11. Subsection (1) and paragraphs (e), (f), (h), 576
and (m) of subsection (2) of section 377.703, Florida Statutes, 577
are amended to read: 578
377.703 Additional functions of the Department of 579
Agriculture and Consumer Services.— 580
(1) LEGISLATIVE INTENT. —Recognizing that energy supply and 581
demand questions have become a major area of concern to the 582
state which must be dealt with by effective and well -coordinated 583
state action, it is the intent of the Legislature to promote the 584
efficient, effective, and economical management of energy 585
problems, centralize energy coordination responsibilities, 586
pinpoint responsibility for conducting energy programs, and 587
ensure the accountability of state agencies for the 588
implementation of s. 377.601 s. 377.601(2), the state energy 589
policy. It is the specific intent of the Legislature that 590
nothing in this act shall in any way change the powers, duties, 591
and responsibilities assigned by the Florida Electrical Power 592
Plant Siting Act, part II of chapter 403, or the powers, duties, 593
and responsibilities of the Florida Public Service Commission. 594
(2) DUTIES.—The department shall perform the following 595
functions, unless as otherwise provided, consistent with the 596
development of a state energy polic y: 597
(e) The department shall analyze energy data collected and 598
prepare long-range forecasts of energy supply and demand in 599
coordination with the Florida Public Service Commission, which 600
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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
is responsible for electricity and natural gas forecasts. To 601
this end, the forecasts shall contain: 602
1. An analysis of the relationship of state economic 603
growth and development to energy supply and demand, including 604
the constraints to economic growth resulting from energy supply 605
constraints. 606
2. Plans for the development of renewable energy resources 607
and reduction in dependence on depletable energy resources, 608
particularly oil and natural gas, and An analysis of the extent 609
to which domestic energy resources, including renewable energy 610
sources, are being utilized in this the state. 611
3. Consideration of alternative scenarios of statewide 612
energy supply and demand for 5, 10, and 20 years to identify 613
strategies for long-range action, including identification of 614
potential impacts in relation to the goals in s. 377.601(2) 615
social, economic, and environmental effects . 616
4. An assessment of the state's energy resources, 617
including examination of the availability of commercially 618
developable and imported fuels, and an analysis of anticipated 619
impacts in relation to the goals in s. 377.601 (2) effects on the 620
state's environment and social services resulting from energy 621
resource development activities or from energy supply 622
constraints, or both. 623
(f) The department shall submit an annual report to the 624
Governor and the Legislature reflecting i ts activities and 625
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making recommendations for policies for improvement of the 626
state's response to energy supply and demand and its effect on 627
the health, safety, and welfare of the residents of this state. 628
The report must include a report from the Florida Pu blic Service 629
Commission on electricity and natural gas and information on 630
energy conservation programs conducted and underway in the past 631
year and include recommendations for energy efficiency and 632
conservation programs for the state, including: 633
1. Formulation of specific recommendations for improvement 634
in the efficiency of energy utilization in governmental, 635
residential, commercial, industrial, and transportation sectors. 636
2. Collection and dissemination of information relating to 637
energy efficiency and c onservation. 638
3. Development and conduct of educational and training 639
programs relating to energy efficiency and conservation. 640
4. An analysis of the ways in which state agencies are 641
seeking to implement s. 377.601 s. 377.601(2), the state energy 642
policy, and recommendations for better fulfilling this policy. 643
(h) The department shall promote the development and use 644
of renewable energy resources, in conformance with chapter 187 645
and s. 377.601, by: 646
1. Establishing goals and strategies for increasing the 647
use of renewable energy in this state. 648
1.2. Aiding and promoting the commercialization of 649
renewable energy resources, in cooperation with the Florida 650
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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
Energy Systems Consortium; the Florida Solar Energy Center; and 651
any other federal, state, or local govern mental agency that may 652
seek to promote research, development, and the demonstration of 653
renewable energy equipment and technology. 654
2.3. Identifying barriers to greater use of renewable 655
energy resources in this state, and developing specific 656
recommendations for overcoming identified barriers, with 657
findings and recommendations to be submitted annually in the 658
report to the Governor and Legislature required under paragraph 659
(f). 660
3.4. In cooperation with the Department of Environmental 661
Protection, the Department of Transportation, the Department of 662
Commerce, the Florida Energy Systems Consortium, the Florida 663
Solar Energy Center, and the Florida Solar Energy Industries 664
Association, investigating opportunities, pursuant to the 665
national Energy Policy Act of 1992, the Housing and Community 666
Development Act of 1992, and any subsequent federal legislation, 667
for renewable energy resources, electric vehicles, and other 668
renewable energy manufacturing, distribution, installation, and 669
financing efforts that enh ance this state's position as the 670
leader in renewable energy research, development, and use. 671
4.5. Undertaking other initiatives to advance the 672
development and use of renewable energy resources in this state. 673
674
In the exercise of its responsibilities under this paragraph, 675
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the department shall seek the assistance of the renewable energy 676
industry in this state and other interested parties and may 677
enter into contracts, retain professional consulting services, 678
and expend funds appropriated by the Legislature fo r such 679
purposes. 680
(m) In recognition of the devastation to the economy of 681
this state and the dangers to the health and welfare of 682
residents of this state caused by severe hurricanes, and the 683
potential for such impacts caused by other natural disasters, 684
the Division of Emergency Management shall include in its energy 685
emergency contingency plan and provide to the Florida Building 686
Commission for inclusion in the Florida Energy Efficiency Code 687
for Building Construction specific provisions to facilitate the 688
use of cost-effective solar energy technologies as emergency 689
remedial and preventive measures for providing electric power, 690
street lighting, and water heating service in the event of 691
electric power outages. 692
Section 12. Section 377.708, Florida Statutes, is created 693
to read: 694
377.708 Wind energy. — 695
(1) DEFINITIONS.-As used in this section, the term: 696
(a) "Coastline" means the established line of mean high 697
water. 698
(b) "Department" means the Department of En vironmental 699
Protection. 700
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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) "Offshore wind energy facility" means any wind energy 701
facility located on waters of this state, including other 702
buildings, structures, vessels, or electrical transmission 703
cabling to be sited on waters of this state, or connect ed to 704
corresponding onshore substations that are used to support the 705
operation of one or more wind turbines sited or constructed on 706
waters of this state and any submerged lands or territorial 707
waters that are not under the jurisdiction of the state. 708
(d) "Real property" has the same meaning as provided in s. 709
192.001(12). 710
(e) "Vessel" has the same meaning as provided in s. 711
327.02. 712
(f) "Waters of this state" has the same meaning as 713
provided in s. 327.02, except the term also includes all state 714
submerged lands. 715
(g) "Wind energy facility" means an electrical wind 716
generation facility or expansion thereof comprised of one or 717
more wind turbines and including substations; meteorological 718
data towers; aboveground, underground, and electrical 719
transmission lines; and transformers, control systems, and other 720
buildings or structures under common ownership or operating 721
control used to support the operation of the facility the 722
primary purpose of which is to offer electricity supply for 723
sale. 724
(h) "Wind turbine" means a device or apparatus that has 725
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the capability to convert kinetic wind energy into rotational 726
energy that drives an electrical generator, consisting of a 727
tower body and rotator with two or more blades and capable of 728
producing more than 10 kilowatts of elect rical power. The term 729
includes both horizontal and vertical axis turbines. The term 730
does not include devices used to measure wind speed and 731
direction, such as an anemometer. 732
(2) PROHIBITED ACTIVITIES. — 733
(a) Construction or expansion of the following is 734
prohibited: 735
1. An offshore wind energy facility. 736
2. A wind turbine or wind energy facility on real property 737
within 1 mile of coastline in this state. 738
3. A wind turbine or wind energy facility on real property 739
within 1 mile of the Atlantic Intracoasta l Waterway or Gulf 740
Intracoastal Waterway. 741
4. A wind turbine or wind energy facility on waters of 742
this state and any submerged lands. 743
(b) This subsection does not prohibit: 744
1. Affixation of a wind turbine directly to a vessel 745
solely for the purpose of providing power to electronic 746
equipment located onboard the vessel. 747
2. Operation of a wind turbine installed before July 1, 748
2024. 749
(3) REVIEW.—The department shall review all applications 750
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for federal wind energy leases in the territorial waters of the 751
United States adjacent to waters of this state and shall signify 752
its approval of or objection to each application. 753
(4) INJUNCTIVE RELIEF. —The department may bring an action 754
for injunctive relief against any person who constructs or 755
expands an offshore wi nd energy facility or a wind turbine in 756
this state in violation of this section. 757
Section 13. Sections 377.801, 377.802, 377.803, 377.804, 758
377.808, 377.809, and 377.816, Florida Statutes, are repealed. 759
Section 14. (1) For programs established pursuant to s. 760
377.804, s. 377.808, s. 377.809, or s. 377.816, Florida 761
Statutes, there may not be: 762
(a) New or additional applications, certifications, or 763
allocations approved. 764
(b) New letters of certification issued. 765
(c) New contracts or agreements executed. 766
(d) New awards made. 767
(2) All certifications or allocations issued under such 768
programs are rescinded except for the certifications of, or 769
allocations to, those certified applicants or projects that 770
continue to meet the applicable criteria in effect before July 771
1, 2024. Any existing contract or agreement authorized under any 772
of these programs shall continue in full force and effect in 773
accordance with the statutory requirements in effect when the 774
contract or agreemen t was executed or last modified. However, 775
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further modifications, extensions, or waivers may not be made or 776
granted relating to such contracts or agreements, except 777
computations by the Department of Revenue of the income 778
generated by or arising out of the q ualifying project. 779
Section 15. Paragraph (d) of subsection (2) of section 780
220.193, Florida Statutes, is amended to read: 781
220.193 Florida renewable energy production credit. — 782
(2) As used in this section, the term: 783
(d) "Florida renewable energy fac ility" means a facility 784
in the state that produces electricity for sale from renewable 785
energy, as defined in s. 377.803 . 786
Section 16. Subsection (7) of section 288.9606, Florida 787
Statutes, is amended to read: 788
288.9606 Issue of revenue bonds. — 789
(7) Notwithstanding any provision of this section, the 790
corporation in its corporate capacity may, without authorization 791
from a public agency under s. 163.01(7), issue revenue bonds or 792
other evidence of indebtedness under this section to: 793
(a) Finance the underta king of any project within the 794
state that promotes renewable energy as defined in s. 366.91 or 795
s. 377.803; 796
(b) Finance the undertaking of any project within the 797
state that is a project contemplated or allowed under s. 406 of 798
the American Recovery and Rei nvestment Act of 2009; or 799
(c) If permitted by federal law, finance qualifying 800
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improvement projects within the state under s. 163.08 ; or. 801
(d) Finance the costs of acquisition or construction of a 802
transportation facility by a private entity or consortium of 803
private entities under a public -private partnership agreement 804
authorized by s. 334.30. 805
Section 17. Paragraph (w) of subsection (2) of section 806
380.0651, Florida Statutes, is amended to read: 807
380.0651 Statewide guidelines, standards, and exemptions .— 808
(2) STATUTORY EXEMPTIONS. —The following developments are 809
exempt from s. 380.06: 810
(w) Any development in an energy economic zone designated 811
pursuant to s. 377.809 upon approval by its local governing 812
body. 813
814
If a use is exempt from review pursuant to p aragraphs (a)-(u), 815
but will be part of a larger project that is subject to review 816
pursuant to s. 380.06(12), the impact of the exempt use must be 817
included in the review of the larger project, unless such exempt 818
use involves a development that includes a la ndowner, tenant, or 819
user that has entered into a funding agreement with the state 820
land planning agency under the Innovation Incentive Program and 821
the agreement contemplates a state award of at least $50 822
million. 823
Section 18. Subsection (2) of section 40 3.9405, Florida 824
Statutes, is amended to read: 825
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403.9405 Applicability; certification; exemption; notice 826
of intent.— 827
(2) No construction of A natural gas transmission pipeline 828
may not be constructed be undertaken after October 1, 1992, 829
without first obtaining certification under ss. 403.9401 -830
403.9425, but these sections do not apply to: 831
(a) Natural gas transmission pipelines which are less than 832
100 15 miles in length or which do not cross a county line, 833
unless the applicant has elected to apply for certification 834
under ss. 403.9401-403.9425. 835
(b) Natural gas transmission pipelines for which a 836
certificate of public convenience and necessity has been issued 837
under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 838
natural gas transmission pipeline certified as an associated 839
facility to an electrical power plant pursuant to the Florida 840
Electrical Power Plant Siting Act, ss. 403.501 -403.518, unless 841
the applicant elects to apply for certification of that pipeline 842
under ss. 403.9401-403.9425. 843
(c) Natural gas transmission pipelines that are owned or 844
operated by a municipality or any agency thereof, by any person 845
primarily for the local distribution of natural gas, or by a 846
special district created by special act to distribute natural 847
gas, unless the applicant elects to apply for certification of 848
that pipeline under ss. 403.9401 -403.9425. 849
Section 19. Subsection (3) of section 720.3075, Florida 850
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Statutes, is amended to read: 851
720.3075 Prohibited clauses in association documents. — 852
(3) Homeowners' association documents, including 853
declarations of covenants, articles of incorporation, or bylaws, 854
may not preclude: 855
(a) The display of up to two portable, removable flags as 856
described in s. 720.304(2)(a) by property owners. However, all 857
flags must be displayed in a respectful manner consistent with 858
the requirements for the United States flag under 36 U.S.C. 859
chapter 10. 860
(b) Types or fuel sources of energy production which may 861
be used, delivered, converted, or supplied by the following 862
entities to serve customers within the association that such 863
entities are authorized to serve: 864
1. A public utility or an electric utility as defined in 865
s. 366.02; 866
2. An entity formed under s. 163.01 that generates, sells, 867
or transmits electrical energy; 868
3. A natural gas utility as defined in s. 366.04(3)(c); 869
4. A natural gas transmission company as defined in s. 870
368.103; or 871
5. A Category I liquefied petroleum gas dealer, a Category 872
II liquefied petroleum gas dispenser, or a Category III 873
liquefied petroleum gas c ylinder exchange operator as defined in 874
s. 527.01. 875
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(c) The use of an appliance, including a stove or grill, 876
which uses the types or fuel sources of energy production which 877
may be used, delivered, converted, or supplied by the entities 878
listed in paragraph (b). As used in this paragraph, the term 879
"appliance" means a device or apparatus manufactured and 880
designed to use energy and for which the Florida Building Code 881
or the Florida Fire Prevention Code provides specific 882
requirements. 883
Section 20. (1) The Public Service Commission shall 884
coordinate, develop, and recommend a plan under which an 885
assessment of the security and resiliency of the state's 886
electric grid and natural gas facilities against both physical 887
threats and cyber threats may be conducted. In d eveloping this 888
plan, the commission shall consult with the Division of 889
Emergency Management and, in its assessment of cyber threats, 890
shall consult with the Florida Digital Service. All electric 891
utilities, natural gas utilities, and natural gas pipelines 892
operating in this state shall cooperate with the commission in 893
developing the plan. The plan must address the manner in which 894
information needed to conduct a security and resiliency 895
assessment may be communicated, collected, shared, stored, and 896
adequately protected from disclosure to avoid adverse impacts on 897
the safe and reliable operation of the state's electric grid and 898
natural gas facilities. 899
(2) By January 31, 2025, the commission shall submit its 900
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recommended plan to the Governor, the President of the S enate, 901
and the Speaker of the House of Representatives. The plan must 902
include any recommendations for legislation and may include 903
other recommendations as determined by the commission. 904
Section 21. (1) Recognizing the evolution and advances 905
that have occurred and continue to occur in nuclear power 906
technologies, the Public Service Commission shall study and 907
evaluate the technical and economic feasibility of using 908
advanced nuclear power technologies, including small modular 909
reactors, to meet the electrica l power needs of the state, and 910
research means to encourage and foster the installation and use 911
of such technologies at military installations in the state in 912
partnership with public utilities. In conducting this study, the 913
commission shall consult with th e Department of Environmental 914
Protection and the Division of Emergency Management. 915
(2) By April 1, 2025, the commission shall prepare and 916
submit a report to the Governor, the President of the Senate, 917
and the Speaker of the House of Representatives, conta ining its 918
findings and any recommendations for potential legislative or 919
administrative actions that may enhance the use of advanced 920
nuclear technologies in a manner consistent with the energy 921
policy goals in s. 377.601(2), Florida Statutes. 922
Section 22. (1) Recognizing the continued development of 923
technologies that support the use of hydrogen as a 924
transportation fuel and the potential for such use to help meet 925
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the state's energy policy goals in s. 377.601(2), Florida 926
Statutes, the Department of Transpor tation, in consultation with 927
the Office of Energy within the Department of Agriculture and 928
Consumer Services, shall study and evaluate the potential 929
development of hydrogen fueling infrastructure, including 930
fueling stations, to support hydrogen -powered vehicles that use 931
the state highway system. 932
(2) By April 1, 2025, the Department of Transportation 933
shall prepare and submit a report to the Governor, the President 934
of the Senate, and the Speaker of the House of Representatives, 935
containing its findings and a ny recommendations for potential 936
legislative or administrative actions that may accommodate the 937
future development of hydrogen fueling infrastructure in a 938
manner consistent with the energy policy goals in s. 377.601(2), 939
Florida Statutes. 940
Section 23. This act shall take effect July 1, 2024. 941