Florida 2024 2024 Regular Session

Florida Senate Bill S1548 Analysis / Analysis

Filed 01/26/2024

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Regulated Industries  
 
BILL: SB 1548 
INTRODUCER:  Senator Gruters 
SUBJECT:  Energy 
DATE: January 26, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Schrader Imhof RI Pre-meeting 
2.     ATD   
3.     FP  
 
I. Summary: 
SB 1548 amends several sections of Florida law and creates new statutory provisions relating to 
energy. In summary, the bill: 
 Prohibits the Florida Department of Transportation (FDOT) from assigning or transferring its 
permitting rights across any transportation right-of-way operated by the FDOT to a third 
party or governmental entity that does not operate the transportation right-of-way without 
prior approval of the Legislature. 
 Prohibits the FDOT and local government entities from requiring a utility within a public 
road operated by the authority to be relocated on behalf of any other third-party or 
governmental agency project related to a separate public or private road or transportation 
corridor. 
 Requires the Public Service Commission (PSC) to create targeted storm reserve amounts for 
public utilities. 
 Directs the Florida Department of Commerce (FDC) to expand eligibility for the Low-
Income Energy Assistance Program (LIHEAP) to persons in certain federal disability 
programs.  
 Directs the FDC to develop a process for automated LIHEAP payments to home energy 
suppliers. 
 Directs the PSC to conduct, or cause to be conducted, a study of small nuclear reactors. 
 
The bill has an effective date of July 1, 2024. 
REVISED:   BILL: SB 1548   	Page 2 
 
II. Present Situation: 
Disposal of Real Property Acquired for Transportation Purposes 
The Florida Department of Transportation (FDOT) acquires land throughout the state to utilize 
for transportation facilities
1 
and secure rights-of-way through purchase, lease, exchange, 
donation, or other types of acquisition.
2 
The FDOT is authorized to convey acquired property it 
determines not to be needed for the construction, operation, and maintenance of a transportation 
facility.
3
  
 
Generally, the FDOT may dispose of the property through negotiations, sealed competitive bids, 
auctions, or any other means the FDOT deems to be in its best interest.
4
 A sale of unneeded 
property may not occur at a price less than the FDOT’s current estimate of value except that: 
 If the property has been donated to the state for transportation purposes and a transportation 
facility has not been constructed for at least 5 years, plans have not been prepared for the 
construction of such facility, and the property is not located in a transportation corridor, the 
governmental entity may authorize reconveyance of the donated property for no 
consideration to the original donor or the donor’s heirs, successors, assigns, or 
representatives.
5
 
 If the property is to be used for a public purpose, including, but not limited to, affordable 
housing as provided in ss. 125.379 and 166.0451, F.S., the property may be conveyed 
without consideration to a governmental entity.
6
 
 If the property was originally acquired specifically to provide replacement housing for 
persons displaced by transportation projects, the FDOT may negotiate for the sale of such 
property as replacement housing.
7
 
 If the FDOT determines the property requires significant costs to be incurred or that 
continued ownership of the property exposes the FDOT to significant liability risks, the 
FDOT may use the projected maintenance costs over the next ten years to offset the 
property’s value in establishing a value for disposal of the property, even if that value is 
zero.
8
 
 If, at the discretion of the FDOT, a sale to a person other than an abutting property owner 
would be inequitable, the property may be sold to the abutting owner for the FDOT’s current 
estimate of value. 
 
                                                
1
 “Transportation facility” means any means for the transportation of people or property from place to place which is 
constructed, operated, or maintained in whole or in part from public funds. The term includes the property or property rights, 
both real and personal, which have been or may be established by public bodies for the transportation of people or property 
from place to place. See s. 334.03(30), F.S. 
2
 Section 337.25(1), F.S. 
3
 Section 337.25(4), F.S. 
4
 Id. 
5
 Section 337.25(4)(a), F.S. 
6
 Section 337.25(4)(b), F.S.  
7
 Section 337.25(4)(c), F.S. 
8
 Section 337.25(4)(d), F.S.  BILL: SB 1548   	Page 3 
 
Payment for Moving or Removing Utilities and Exceptions 
Section 337.403(1), F.S., requires utilities to bear the cost of relocating utility facilities placed 
upon, under, over, or within the right-of-way limits of any public road or publicly owned rail 
corridor which is found by the authority
9
 to be unreasonably interfering in any way with the 
convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, 
of such public road or publicly owned rail corridor. Utility owners, upon 30 days’ notice, must 
eliminate the unreasonable interference within a reasonable time or an agreed time, at their own 
expense. Numerous exceptions are provided to this provision, and are located in s. 
337.403(1)(a)-(j), F.S. The requirements of 337.403(1), F.S., apply even if the utility facility is 
within a public utility easement and the utility has a franchise agreement with the authority, 
absent some other agreement to the contrary regarding costs of relocation.
10
 
 
Florida Public Service Commission  
The Florida Public Service Commission (PSC) is an arm of the legislative branch of 
government.
11
 The role of the PSC is to ensure Florida’s consumers receive utility services, 
including electric, natural gas, telephone, water, and wastewater, in a safe, affordable, and 
reliable manner.
12
 In order to do so, the PSC exercises authority over public utilities in one or 
more of the following areas: rate base or economic regulation; competitive market oversight; and 
monitoring of safety, reliability, and service issues.
13
 
 
Electric and Gas Utilities 
The PSC monitors the safety and reliability of the electric power grid
14
 and may order the 
addition or repair of infrastructure as necessary.
15
 The PSC has broad jurisdiction over the rates 
and service of investor-owned electric and gas utilities.
16
 However, the PSC does not fully 
regulate municipal electric utilities (utilities owned or operated on behalf of a municipality) or 
rural electric cooperatives. The PSC does have jurisdiction over these types of utilities with 
regard to rate structure, territorial boundaries, bulk power supply operations, and planning.
17
 
Municipally-owned utility rates and revenues are regulated by their respective local governments 
or local utility boards. Rates and revenues for a cooperative utility are regulated by their 
governing body elected by the cooperative’s membership. 
 
Municipal Electric and Gas Utilities, and Special Gas Districts, in Florida  
A municipal electric or gas utility is an electric or gas utility owned and operated by a 
municipality. Chapter 366, F.S., provides the majority of electric and gas utility regulations for 
                                                
9
 As used in ss. 337.401-337.404, F.S., “the authority” means the FDOT and local government entities. 
Section 337.401(1)(a), F.S. 
10
 Lee County Electric Coop., Inc. v. City of Cape Coral, 159 So. 3d 126, 130 (Fla. 2d DCA 2014). 
11
 Section 350.001, F.S. 
12
 See Florida Public Service Commission, Florida Public Service Commission Homepage, http://www.psc.state.fl.us (last 
visited Jan. 25, 2024). 
13
 Florida Public Service Commission, About the PSC, https://www.psc.state.fl.us/about (last visited Jan. 25, 2024). 
14
 Section 366.04(5) and (6), F.S. 
15
 Section 366.05(1) and (8), F.S. 
16
 Section 366.05, F.S. 
17
 Florida Public Service Commission, About the PSC, supra note 13.  BILL: SB 1548   	Page 4 
 
Florida. While ch. 366, F.S., does not provide a definition, per se, for a “municipal utility,” 
variations of this terminology and the concept of these types of utilities appear throughout the 
chapter. Currently, Florida has 33 municipal electric utilities that serve over 14 percent of the 
state’s electric utility customers.
18
 Florida also has 27 municipally-owned gas utilities and four 
special gas districts.
19
 
 
Rural Electric Cooperatives in Florida 
At present, Florida has 18 rural electric cooperatives, with 16 of these cooperatives being 
distribution cooperatives and two being generation and transmission cooperatives.
20
 These 
cooperatives operate in 57 of Florida’s 67 counties and have more than 2.7 million customers.
21
 
Florida rural electric cooperatives serve a large percentage of area, but have a low customer 
density. Specifically, Florida cooperatives serve approximately 10 percent of Florida’s total 
electric utility customers, but their service territory covers 60 percent of Florida’s total land 
mass. Each cooperative is governed by a board of cooperative members elected by the 
cooperative’s membership.
22
 
 
Public Electric and Gas Utilities in Florida 
There are four investor-owned electric utility companies (electric IOUs) in Florida: Florida 
Power & Light Company (FPL), Duke Energy Florida (Duke), Tampa Electric Company 
(TECO), and Florida Public Utilities Corporation (FPUC).
23
 In addition, there are eight investor-
owned natural gas utility companies (gas IOUs) in Florida: Florida City Gas, Florida Division of 
Chesapeake Utilities, FPUC, FPUC-Fort Meade Division, FPUC-Indiantown Division, Peoples 
Gas System, Sebring Gas System, and St. Joe Natural Gas Company. Of these eight gas IOUs, 
five engage in the merchant function servicing residential, commercial, and industrial customers: 
Florida City Gas, FPUC, FPUC-Fort Meade Division, Peoples Gas System, and St. Joe Natural 
Gas Company. Florida Division of Chesapeake Utilities, FPUC-Indiantown Division, and 
Sebring Gas System are only engaged in firm transportation service.
24
 
 
Electric IOU and Gas IOU rates and revenues are regulated by the PSC and the utilities must file 
periodic earnings reports, which allow the PSC to monitor earnings levels on an ongoing basis 
and adjust customer rates quickly if a company appears to be overearning.
25
 
 
                                                
18
 Florida Municipal Electric Association, About Us, https://www.flpublicpower.com/about-us (last visited Jan. 25, 2024). 
19
 Florida Public Service Commission, 2023 Facts and Figures of the Florida Utility Industry, pg. 13, Apr. 2023 (available 
at: https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/General/FactsAndFigures/April%202023.pdf). A “special gas district” is a dependent or 
independent special district, setup pursuant to ch. 189, F.S., to provide natural gas service. Section 189.012(6), F.S., defines a 
“special district” as “a unit of local government created for a special purpose, as opposed to a general purpose, which has 
jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by 
rule of the Governor and Cabinet.” 
20
 Florida Electric Cooperative Association, Members, https://feca.com/members/ (last visited Jan. 25, 2024). 
21
 Florida Electric Cooperative Association, Our History, https://feca.com/our-history/ (last visited Jan. 25, 2024). 
22
 Id. 
23
 Florida Public Service Commission, 2023 Facts and Figures of the Florida Utility Industry, supra note 19, at 5. 
24
 Id at 14. Firm transportation service is offered to customers under schedules or contracts which anticipate no interruption 
under almost all operating conditions. See Firm transportation service, 18 CFR s. 284.7. 
25
 PSC, 2022 Annual Report, p. 6, (available at: https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/General/AnnualReports/2022.pdf) (last visited Jan. 25, 2024).   BILL: SB 1548   	Page 5 
 
Section 366.041(2), F.S., requires public utilities to provide adequate service to customers. As 
compensation for fulfilling that obligation, s. 366.06, F.S., requires the PSC to allow the IOUs to 
recover honestly and prudently invested costs of providing service, including investments in 
infrastructure and operating expenses used to provide electric service.
26
 
 
Storm Reserves for Public Utilities 
Storm reserves are a form of self-insurance used by utilities to collect in advance from ratepayers 
costs to recover from storms. Such reserves are an accounting technique allowing utilities to 
reduce the immediate impact of storms on ratepayers and spread them over time.
27
 
 
In Florida, the PSC allows utilities to establish storm reserve accounts and fund them according 
to PSC rule and orders of the PSC. Many storm restoration cost orders at the PSC include 
provisions for impacted utilities to replenish their storm reserve accounts.
28
  
 
Under PSC rule, the types of storm-related costs that can be charged to a storm reserve include: 
 Additional contract labor hired for storm restoration activities incurred in any month in 
which storm damage restoration activities are conducted, that are greater than the actual 
monthly average of contract labor costs charged to operation and maintenance expense for 
the same month in the three previous calendar years; 
 Logistics for providing meals, lodging, and linens for tents and other staging areas; 
 Transportation of crews and other personnel for storm restoration; 
 Vehicles specifically rented for storm restoration activities; 
 Waste management costs specifically related to storm restoration activities; 
 Rental equipment specifically related to storm restoration activities; 
 Materials and supplies used to repair and restore service and facilities to pre-storm condition, 
excluding those costs that normally would be charged to non-cost recovery clause operating 
expenses in the absence of a storm; 
 Payroll and payroll-related costs for utility personnel included in storm restoration activities 
incurred in any month in which storm damage restoration activities are conducted, that are 
greater than the actual monthly average of payroll and payroll-related costs charged to 
operation and maintenance expense for the same month in the three previous calendar years;  
 Fuel company and contractor vehicles used in storm restoration activities incurred in any 
month in which storm damage restoration activities are conducted, that are greater than the 
actual monthly average of fuel costs charged to operation and maintenance expense for the 
same month in the three previous calendar years; 
 Public service announcements regarding key storm-related issues, such as safety and service 
restoration estimates; 
                                                
26
 Id. 
27
 Energy South, Enabling Energy Resiliency Through a Storm Reserve Fund, https://medium.com/@EnergySouth/enabling-
energy-resiliency-through-a-storm-reserve-fund-add806aa0b59, Aug. 19, 2015 (last visited Jan. 25, 2024).  
28
 See, for example, In Re: Petition for Ltd. Proceeding for Recovery of Incremental Storm Restoration Costs Related to 
Hurricane Idalia, by Duke Energy Florida, LLC. in Re: Petition for Ltd. Proceeding for Recovery of Incremental Storm 
Restoration Costs Related to Hurricanes Elsa, Eta, Isaias, Ian, Nicole, & Tropical Storm Fred, by Duke Energy Florida, 
LLC., 2023 WL 8879275 (Dec. 19, 2023); In Re: Petition for Recovery of Costs Associated with Named Tropical Sys. During 
the 2018-2022 Hurricane Seasons & Replenishment of Storm Reserve, by Tampa Elec. Co., 2023 WL 8119138 (Nov. 20, 
2023); and In Re: Petition for Rate Increase by Florida City Gas., 2023 WL 3966515 (June 9, 2023).  BILL: SB 1548   	Page 6 
 
 Vegetation management expenses specifically related to storm restoration activities incurred 
in any month in which storm damage restoration activities are conducted, that are greater 
than the actual monthly average of vegetation management costs charged to operation and 
maintenance expense for the same month in the previous three calendar years; and 
 Other costs or expenses not specifically identified above that are directly and solely 
attributable to a storm restoration event.
29
 
 
Low-Income Energy Assistance Program 
The Low-Income Energy Assistance Program (LIHEAP) is a federally funded program intended 
to assist low income families with home heating and cooling costs. In Florida, the program is 
administered by the Florida Department of Commerce (FDC), which allocates funding directly to 
a network of community action agencies, also known as local agency providers.
30
 
 
The FDC summarizes the program as follows:
31
 
 Depending on the funds available in an applicant’s county, an applicant may be able to apply 
for assistance up to three times a year, but not every month. 
 LIHEAP may help pay natural gas or propane bills only in the winter, and only if such is the 
primary source of home heating. If gas or propane is used only for purposes other than 
heating, such as hot water or cooking, the LIHEAP cannot assist with the bill. 
 LIHEAP cannot pay for water, sewer or telephone services. 
 Local LIHEAP providers make the payments directly to utility companies on behalf of the 
awardee. 
 
Persons may be eligible for the program if they meet the following requirements: 
 Have a total income no more than 60 percent of the median income in Florida; 
 Are responsible for paying home heating or cooling bills; 
 Are a resident of Florida; and 
 Are a U.S. Citizen, qualified alien, or permanent resident of the U.S. 
 
                                                
29
 Fla. Admin. Code R. 25-7.0143(1)(e). 
30
 Florida Department of Commerce, Low-Income Home Energy Assistance Program, 
https://www.floridajobs.org/community-planning-and-development/community-services/low-income-home-energy-
assistance-program (last visited Jan. 25, 2024). 
31
 Id.  BILL: SB 1548   	Page 7 
 
The current household income limits for LIHEAP in Florida are as follows:
32
 
 
Household Size Maximum Monthly Income Maximum Annual Income 
Family of 1 $2,311.25 	$27,735 
Family of 2 $3,022.41 	$36,269 
Family of 3 $3,733.58 	$44,803 
Family of 4 $4,444.75 	$53,337 
Family of 5 $5,155.83 	$61,870 
Family of 6 $5,867.00 	$70,404 
Family of 7 $6,000.33 	$72,004 
Family of 8 $6,133.75 	$73,605 
 
Nuclear Power 
Nuclear power plants work, in a way, similarly to any other turbine-based power plant. In 
turbine-based power plants a moving fluid—water, steam, combustion gases, or even air—
pushes blades mounted on a rotor. The force of the moving liquid spins the shaft of a generator. 
That generator then converts the kinetic energy of the spinning rotor to electrical energy. Types 
of turbines include steam, combustion (i.e. gas), hydroelectric, and wind.
33
 
 
Nuclear power plants work in the same way, in that steam is used to spin a turbine to produce 
electricity. The unique part of a nuclear power plant is how that steam is produced. In a nuclear 
power plant, heat is used to make steam, and this heat is produced by a controlled fission nuclear 
reaction.
34
 
 
In a traditional nuclear power plant, uranium, which has been processed into small ceramic 
pellets and stacked together in a sealed metal tube (called a fuel rod), is the fuel source. Fuel rods 
are bundled together (typically in bundles of more than 200 rods) to form a fuel assembly. 
Reactor cores are generally made up of around 200 assemblies, depending on power level. In the 
reactor, fuel rods are immersed in water, which acts as a coolant and moderator. Control rods are 
then inserted into the reactor core to reduce the nuclear reaction or removed to increase the 
nuclear reaction. This reaction creates heat to turn water into the steam that fuels the turbine.
35
 
 
There are over 400 commercial reactors worldwide, including 93 in the United States.
36
 
 
Advanced Small Nuclear Reactors 
Advanced small nuclear reactors (SMRs) are currently under development in the United States. 
SMRs differ from traditional large nuclear power plants—which can take over a decade to build 
                                                
32
 Id. 
33
 United States Energy Information Administration, Electricity Explained, 
https://www.eia.gov/energyexplained/electricity/how-electricity-is-generated.php (last visited Jan. 25, 2024). 
34
 United States Department of Energy, NUCLEAR 101: How Does a Nuclear Reactor Work?, 
https://www.energy.gov/ne/articles/nuclear-101-how-does-nuclear-reactor-work (last visited Jan. 25, 2024). 
35
 Id. 
36
 Id.  BILL: SB 1548   	Page 8 
 
between planning, regulatory approval and construction—
37
in that they are made in factories and 
transported to sites ready to “plug and play” upon arrival. This reduces both capital costs and 
construction times. The smaller size of these reactors also makes them ideal for smaller electric 
grids and other locations where a large nuclear power plant is not feasible.
38
 
 
Advanced Reactor Technologies 
The Office of Nuclear Energy’s Office of Advanced Reactor Technologies (ART) sponsors 
research, development, and deployment of emerging nuclear reactor technologies. While the 
technologies are varied, ART’s main areas of focus currently are: 
 Developing assessment methods for evaluating advanced SMR technologies and 
characteristics; 
 Developing and testing of materials, fuels and fabrication techniques; 
 Resolving key regulatory issues identified by Nuclear Regulatory Commission and the 
nuclear industry; and 
 Developing advanced instrumentation and controls and human-machine interfaces.
39
 
III. Effect of Proposed Changes: 
Section 1 amends s. 337.25, F.S., to prohibit the Florida Department of Transportation (FDOT) 
from assigning or transferring its permitting rights across any transportation right-of-way 
operated by the FDOT to a third party or governmental entity that does not operate the 
transportation right-of-way without prior approval of the Legislature. 
 
Section 2 amends s. 337.403, F.S., regarding the obligation for utilities to bear the cost of 
relocating utility facilities placed upon, under, over, or within the right-of-way public road or 
publicly owned rail corridors. This section specifies that the authority may not require a utility 
within a public road operated by the authority to be relocated on behalf of any other third-party 
or governmental agency project related to a separate public or private road or transportation 
corridor. 
 
Section 3 amends s. 366.04, F.S., regarding the jurisdiction of the Public Service Commission 
(PSC). This section requires the PSC to approve a targeted storm reserve amount to be effective 
January 1, 2025, for each public utility. This storm reserve amount must be equal to 80 percent 
of the approved incremental storm costs incurred for the public utility’s highest cost storm 
impacting its service area over the 5 calendar years before January 2025. The incremental storm 
costs must be based on the filings of the public utility with the PSC and PSC orders. 
 
The targeted storm reserve amount established by the PSC: 
 May be adjusted on an annual basis for successive rolling 5-year periods; 
                                                
37
 United States Energy Information Administration, Nuclear explained, https://www.eia.gov/energyexplained/nuclear/us-
nuclear-industry.php (last visited Jan. 25, 2024). 
38
 United States Department of Energy, Office of Nuclear Energy, Nuclear Reactor Technologies, 
https://www.energy.gov/ne/nuclear-reactor-technologies (last visited Jan.25, 2024). 
39
 United States Department of Energy, Office of Nuclear Energy, Advanced Reactor Technology, 
https://www.energy.gov/ne/advanced-reactor-technologies (last visited Jan. 25, 2024).  BILL: SB 1548   	Page 9 
 
 Must be funded by an increase in base rates
40
 effective Jan. 1, 2025; and 
 Must be designed to allow the public utility to recover the costs to fund the targeted reserve 
level over a four-year period. 
 
The base rate adjustments and accompanying tariffs must be: 
  Implemented by administrative approval of the commission and employ the most recent 
authorized base rate structure for the public utility; 
 Filed by October 15 together with the current storm reserve and supporting documentation 
and the highest cost storm over the prior 5 years as reflected by orders of the PSC; and 
 Approved by each November 15 to take effect on January 1 of the following year. 
 
The suspension of base rate increases and implementation of base rate adjustments relating to the 
targeted storm reserve must be based on the current status of the public utility’s administratively-
determined storm reserve and be consistent with the dates above. Adjustments to base rates must 
be designed to fund the public utility storm reserves. Cost recovery of such base rates may not 
consider a public utility’s previous, current, or projected earnings. Revenues of such base rates 
are not to be considered in the calculation of a public utility’s earnings in earnings surveillance 
reports. 
 
Section 4 amends s. 409.508, F.S., regarding the Low-Income Energy Assistance Program 
(LIHEAP). The bill directs the Florida Department of Commerce (FDC) to expand the eligibility 
for LIHEAP to Florida residence enrolled in any of the following: 
 Social Security Disability Insurance program. 
 Social Security Insurance program. 
 United States Department of Veterans Affairs disability benefits. 
 Supplemental Nutritional Assistance Program. 
 Temporary Assistance for Needy Families. 
 
The section also directs the FDC to develop a process for automatic payments on behalf of 
individuals to their household’s home energy supplier. The process must include: 
 Detailed requirements for any necessary statutory or regulatory changes, application process 
changes, or other requirements necessary to allow the FDC to identify individuals who 
qualify for automatic program payments without requiring said individuals to submit 
additional program applications. 
 A data sharing process detailing steps the FDC will take to identify and share a list of 
categorically eligible residents with home energy suppliers. A home energy supplier that 
agrees to receive direct program payments must apply the benefits as prescribed and 
document such payments in its annual program performance measures report. 
 
The section also makes technical changes. 
 
                                                
40
 Base rates are tariffed charges, set by a utility regulator, calculated to recover a utility’s operations and maintenance 
expenses plus a rate of return on the book value of its assets that are considered to be used and useful.  BILL: SB 1548   	Page 10 
 
Section 5 directs the PSC to conduct, or cause to be conducted, a study regarding the feasibility 
of small modular reactors (SMRs)
41
 use in the state. The study must include an evaluation of: 
 Existing state law, to determine and identify which, if any, statutes and agency rules would 
need to be amended to enable the construction and operation of SMRs; 
 The economic feasibility of replacing carbon-based energy sources with SMRs, while 
accounting for the net present value of revenue requirements that would result from the 
retirement of coal-fired plants; 
 The safety of and the waste stream resulting from construction and operation; 
 The property tax benefits to counties, school districts, and special taxing districts; 
 The number of jobs that could be created and the overall impact to local economies; 
 The reliability and cost of small modular nuclear reactors as compared to natural gas, wind, 
and solar energy production; 
 Local government permitting requirements or approvals required for SMR operation; and 
 Any other information that the PSC deems necessary. 
 
The section bill also requires the PSC to submit a report to the Governor, President of the Senate, 
and Speaker of the House of Representatives. The report must include recommendations 
regarding: 
 The potential for using SMRs to provide energy; and 
 Administrative or legislative action needed to promote the use of SMRs. 
 
Section 6 provides an effective date of July 1, 2024. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
                                                
41
 As used in the section, “SMR” means a reactor that has a rated capacity of not more than 300 megawatts of electricity; can 
be constructed and operated in combination with other similar reactors at a single site if multiple reactors are necessary; and 
has been licensed by the United States Nuclear Regulatory Commission and is in compliance with all requirements and 
conditions associated with the license.  BILL: SB 1548   	Page 11 
 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Ratepayers may see, at least initially, a utility rate increase due to the targeted storm 
reserve provisions of the bill. 
C. Government Sector Impact: 
The directives of the bill likely expands the responsibilities of: 
 The Public Service Commission; and 
 The Department of Commerce. 
 
The above agencies have not yet issued an analysis of this bill, so it is unknown at this 
time the extent to which the bill would impact those agencies’ operations. 
VI. Technical Deficiencies: 
The “and” on line 312 of the bill should be deleted and inserted at the end of line 324, preceded 
by a semicolon instead of a period. In addition, the periods on lines 315, 318, and 321 should be 
replaced with semicolons for consistency.  
VII. Related Issues: 
Section 5 of the bill uses the terms “base rate,” “storm reserve,” and “surveillance reports.” 
While these terms are used commonly at the Public Service Commission, they are not defined for 
ch. 366, F.S. In addition, the term “surveillance reports” is not used anywhere in Florida Statutes. 
The sponsor may wish to define these terms for this section. 
 
The targeted storm reserves provisions are amended into the PSC’s jurisdiction section. A new 
separate section following s. 366.96, F.S., would appear to be a more logical placement. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes:  337.25, 337.403, 
366.04, and 409.508. 
    BILL: SB 1548   	Page 12 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.