Florida Senate - 2021                                    SB 1128
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00593A-21                                           20211128__
    1                        A bill to be entitled                      
    2         An act relating to preemption on restriction of
    3         utility services; creating s. 366.032, F.S.; defining
    4         the term “utility service provider”; prohibiting
    5         municipalities, counties, special districts, or other
    6         political subdivisions from enacting or enforcing
    7         provisions or taking actions that restrict or prohibit
    8         property owners, tenants, or utility service customers
    9         from choosing their utility service from a utility
   10         service provider that serves the property,
   11         irrespective of the fuel source; retaining the right
   12         of municipalities to levy taxes on public services and
   13         to receive revenue from public utilities; providing
   14         for preemption; providing for retroactive application;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 366.032, Florida Statutes, is created to
   20  read:
   21         366.032 Preemption on utility service restrictions and
   22  prohibitions; retroactive applicability.—
   23         (1) As used in this section, the term “utility service
   24  provider” means any person, corporation, partnership,
   25  association, or political subdivision, whether private,
   26  municipal, county, special district, or cooperative, which is
   27  engaged in the sale or supply of electricity or gas to or for
   28  the public within this state.
   29         (2) A municipality, county, special district, or any other
   30  political subdivision of the state may not enact or enforce a
   31  resolution, ordinance, rule, code, or policy or take any action
   32  that restricts or prohibits or has the effect of restricting or
   33  prohibiting a property owner, tenant, or utility service
   34  customer from choosing his or her utility service, whether
   35  electric, manufactured gas, liquefied petroleum gas, natural
   36  gas, hydrogen, fuel oil, a renewable source, or any other
   37  source, from a utility service provider that serves the affected
   38  property. However, this section does not restrict a
   39  municipality’s right and power to levy taxes on public services
   40  under s. 166.231 or affect the right of any municipality to
   41  receive revenue from any public utility.
   42         (3) Any municipality, county, special district, or
   43  political subdivision charter, resolution, ordinance, rule,
   44  code, policy, or action that is preempted by this act and that
   45  existed before, on, or after the effective date of this act is
   46  void.
   47         Section 2. This act shall take effect July 1, 2021.