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.