Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1128
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Hutson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 366.032, Florida Statutes, is created to
    6  read:
    7         366.032Preemption over utility service restrictions.—
    8         (1)A municipality, county, special district, or other
    9  political subdivision of the state may not enact or enforce a
   10  resolution, ordinance, rule, code, policy, or take any action
   11  that restricts or prohibits or has the effect of restricting or
   12  prohibiting the types or fuel sources of energy production which
   13  may be used, delivered, converted, or supplied by the following
   14  entities to serve customers that such entities are authorized to
   15  serve:
   16         (a)A public utility or an electric utility as defined in
   17  this chapter;
   18         (b)An entity formed under s. 163.01 that generates, sells,
   19  or transmits electrical energy;
   20         (c)A natural gas utility as defined in s. 366.04(3)(c);
   21         (d)A natural gas transmission company as defined in s.
   22  368.103; or
   23         (e)A Category I liquefied petroleum gas dealer or Category
   24  II liquefied petroleum gas dispenser or Category III liquefied
   25  petroleum gas cylinder exchange operator as defined in s.
   26  527.01.
   27         (2)Notwithstanding the restrictions of this section, this
   28  section does not prevent the board of a municipality or
   29  governmental entity which owns or operates and directly controls
   30  an electric or natural gas utility, from passing rules,
   31  regulations, or policies governing the utility.
   32         (3)This section does not expand or alter the jurisdiction
   33  of the commission over public utilities or electric utilities.
   34         Section 2. Any municipality, county, special district, or
   35  political subdivision charter, resolution, ordinance, rule,
   36  code, policy, or action that is preempted by this act that
   37  existed before or on July 1, 2021, is void.
   38         Section 3. This act shall take effect July 1, 2021.
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete everything before the enacting clause
   43  and insert:
   44                        A bill to be entitled                      
   45         An act relating to preemption over restriction of
   46         utility services; creating s. 366.032, F.S.;
   47         prohibiting municipalities, counties, special
   48         districts, or other political subdivisions from
   49         restricting or prohibiting the types or fuel sources
   50         of energy production used, delivered, converted, or
   51         supplied by certain entities to serve customers;
   52         providing construction; voiding existing specified
   53         documents and policies that are preempted by this act;
   54         providing an effective date.