Florida Senate - 2021               CS for CS for CS for SB 1128
       
       
        
       By the Committees on Rules; Community Affairs; and Regulated
       Industries; and Senator Hutson
       
       
       
       
       595-04574-21                                          20211128c3
    1                        A bill to be entitled                      
    2         An act relating to preemption over restriction of
    3         utility services; creating s. 366.032, F.S.;
    4         prohibiting municipalities, counties, special
    5         districts, or other political subdivisions from
    6         restricting or prohibiting the types or fuel sources
    7         of energy production used, delivered, converted, or
    8         supplied by certain entities to serve customers;
    9         providing construction; voiding existing specified
   10         documents and policies that are preempted by the act;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 366.032, Florida Statutes, is created to
   16  read:
   17         366.032 Preemption over utility service restrictions.—
   18         (1) A municipality, county, special district, or other
   19  political subdivision of the state may not enact or enforce a
   20  resolution, ordinance, rule, code, policy, or take any action
   21  that restricts or prohibits or has the effect of restricting or
   22  prohibiting the types or fuel sources of energy production which
   23  may be used, delivered, converted, or supplied by the following
   24  entities to serve customers that such entities are authorized to
   25  serve:
   26         (a) A public utility or an electric utility as defined in
   27  this chapter;
   28         (b) An entity formed under s. 163.01 that generates, sells,
   29  or transmits electrical energy;
   30         (c) A natural gas utility as defined in s. 366.04(3)(c);
   31         (d) A natural gas transmission company as defined in s.
   32  368.103; or
   33         (e) A Category I liquefied petroleum gas dealer or Category
   34  II liquefied petroleum gas dispenser or Category III liquefied
   35  petroleum gas cylinder exchange operator as defined in s.
   36  527.01.
   37         (2) Notwithstanding the restrictions of this section, this
   38  section does not prevent the board of a municipality or
   39  governmental entity which owns or operates and directly controls
   40  an electric or natural gas utility, from passing rules,
   41  regulations, or policies governing the utility.
   42         (3) This section does not expand or alter the jurisdiction
   43  of the commission over public utilities or electric utilities.
   44         Section 2. Any municipality, county, special district, or
   45  political subdivision charter, resolution, ordinance, rule,
   46  code, policy, or action that is preempted by this act that
   47  existed before or on July 1, 2021, is void.
   48         Section 3. This act shall take effect July 1, 2021.