Florida Senate - 2025 CS for SB 1002 By the Committee on Rules; and Senators Truenow and Trumbull 595-03349-25 20251002c1 1 A bill to be entitled 2 An act relating to utility service restrictions; 3 amending s. 366.032, F.S.; including boards, agencies, 4 commissions, and authorities of counties, municipal 5 corporations, and other political subdivisions of the 6 state with the entities preempted from taking certain 7 actions that restrict, prohibit, or have the effect of 8 restricting or prohibiting the types or fuel sources 9 of energy produced, used, delivered, converted, or 10 supplied by certain entities to serve customers; 11 prohibiting the Florida Building Commission or the 12 State Fire Marshal from adopting into the Florida 13 Building Code or Florida Fire Prevention Code any 14 provision that prohibits or requires the installation 15 of multiple types or fuel sources of energy production 16 which may be used for certain purposes; defining the 17 term installation; providing an exemption; voiding 18 existing specified documents and policies from 19 governmental entities that are preempted by the act; 20 providing applicability; defining the term agency; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.Subsections (1), (2), and (5) of section 26 366.032, Florida Statutes, are amended, and subsection (6) is 27 added to that section, to read: 28 366.032Preemption over utility service restrictions. 29 (1)A municipality; a, county; a, special district; a 30 board, an agency, a commission, or an authority of a county, a 31 municipal corporation, or other political subdivision of the 32 state; a, community development district created pursuant to 33 chapter 190;, or other political subdivision of the state may 34 not enact or enforce a resolution, ordinance, rule, code, or 35 policy or take any action that restricts or prohibits or has the 36 effect of restricting or prohibiting the types or fuel sources 37 of energy production which may be used, delivered, converted, or 38 supplied by any of the following entities to serve customers 39 that such entities are authorized to serve: 40 (a)A public utility or an electric utility as defined in 41 this chapter.; 42 (b)An entity formed under s. 163.01 that generates, sells, 43 or transmits electrical energy.; 44 (c)A natural gas utility as defined in s. 366.04(3)(c).; 45 (d)A natural gas transmission company as defined in s. 46 368.103.; or 47 (e)A Category I liquefied petroleum gas dealer, a or 48 Category II liquefied petroleum gas dispenser, or a Category III 49 liquefied petroleum gas cylinder exchange operator as defined in 50 s. 527.01. 51 (2)(a)Except to the extent necessary to enforce the 52 Florida Building Code adopted pursuant to s. 553.73 or the 53 Florida Fire Prevention Code adopted pursuant to s. 633.202, a 54 municipality; a, county; a, special district; a board, an 55 agency, a commission, or an authority of a county, municipal 56 corporation, or, community development district created pursuant 57 to chapter 190;, or other political subdivision of the state may 58 not enact or enforce a resolution, an ordinance, a rule, a code, 59 or a policy or take any action that restricts or prohibits or 60 has the effect of restricting or prohibiting the use of an 61 appliance, including a stove or grill, which uses the types or 62 fuel sources of energy production which may be used, delivered, 63 converted, or supplied by the entities listed in subsection (1). 64 As used in this subsection, the term appliance means a device 65 or apparatus manufactured and designed to use energy and for 66 which the Florida Building Code or the Florida Fire Prevention 67 Code provides specific requirements. 68 (b)The Florida Building Commission or State Fire Marshal 69 may not adopt into the Florida Building Code or the Florida Fire 70 Prevention Code any provision that prohibits or requires, or has 71 the effect of prohibiting or requiring, the installation of 72 multiple types or fuel sources of energy production which may be 73 used, delivered, converted, or supplied by the entities listed 74 in subsection (1) for powering appliances. As used in this 75 paragraph, the term installation includes the materials, 76 products, appliances, and methods of construction associated 77 with such installation. Emergency power systems and standby 78 power systems required by this section are exempt. 79 (5)Any charter, resolution, ordinance, rule, code, policy, 80 or action of any municipality, county, special district, 81 community development district created pursuant to chapter 190, 82 or political subdivision, or of any board, agency, commission, 83 or authority of such governmental entity, which charter, 84 resolution, ordinance, rule, code, policy, or action that is 85 preempted by this act and which that existed before or on July 86 1, 2021, is void. 87 (6)For purposes of this section, the term agency does 88 not apply to a separate legal entity that is created under s. 89 163.01, that does not provide utility services to consumers, and 90 whose membership consists only of electric utilities. 91 Section 2.This act shall take effect July 1, 2025.