Florida Senate - 2023                                    SB 1176
       By Senator Simon
       3-00653-23                                            20231176__
    1                        A bill to be entitled                      
    2         An act relating to electric vehicle infrastructure;
    3         amending s. 366.94, F.S.; requiring the Public Service
    4         Commission to adopt rules for electric vehicle
    5         charging stations which meet certain requirements;
    6         providing a timeline for the proposal and adoption of
    7         such rules; prohibiting a public utility from using
    8         rate base investment for certain purposes; requiring
    9         the commission to adopt rules which meet certain
   10         requirements for the orderly transition of existing
   11         public utility investments; providing a timeline for
   12         the proposal and adoption of such rules; providing an
   13         effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 366.94, Florida Statutes, is amended to
   18  read:
   19         366.94 Electric vehicle charging stations; rate structure.—
   20         (1) PROVISION BY A NONUTILITY.—The provision of electric
   21  vehicle charging to the public by a nonutility is not the retail
   22  sale of electricity for the purposes of this chapter. The rates,
   23  terms, and conditions of electric vehicle charging services by a
   24  nonutility are not subject to regulation under this chapter.
   25  This section does not affect the ability of individuals,
   26  businesses, or governmental entities to acquire, install, or use
   27  an electric vehicle charger for their own vehicles.
   28         (2) RULES.—
   29         (a) The Department of Agriculture and Consumer Services
   30  shall adopt rules to provide definitions, methods of sale,
   31  labeling requirements, and price-posting requirements for
   32  electric vehicle charging stations to allow for consistency for
   33  consumers and the industry.
   34         (b)The commission shall adopt rules for electric vehicle
   35  charging stations to facilitate the widespread deployment of
   36  electric vehicle charging infrastructure. The rules must ensure
   37  consumer choice and competition, provide for reasonable and
   38  affordable cost-based electric rates for public utility rate
   39  payers, and be competitively neutral and apply to public
   40  utilities offering electric vehicle charging station services to
   41  the public. The commission shall propose such rules by January
   42  1, 2024, with final rule adoption required by January 1, 2025.
   43         (c)A public utility may not use rate base investment in
   44  the ownership and operation of electric vehicle charging
   45  stations. Public utility cost recovery is limited to
   46  distribution-level system infrastructure that does not include
   47  electric vehicle charging stations. The commission shall adopt
   48  rules for the orderly transition, without adverse impacts, of
   49  existing public utility investments in public utility
   50  infrastructure used for electric vehicle charging stations
   51  offered to the public to a structurally separate subsidiary to
   52  utility rate payers. The commission shall propose such rules by
   53  January 1, 2024, with final rule adoption required by January 1,
   54  2025.
   55         (3) PROHIBITIONS.—
   56         (a) It is unlawful for A person may not to stop, stand, or
   57  park a vehicle that is not capable of using an electrical
   58  recharging station within any parking space specifically
   59  designated for charging an electric vehicle.
   60         (b) If a law enforcement officer finds a motor vehicle in
   61  violation of this subsection, the officer or specialist shall
   62  charge the operator or other person in charge of the vehicle in
   63  violation with a noncriminal traffic infraction, punishable as
   64  provided in s. 316.008(4) or s. 318.18.
   65         Section 2. This act shall take effect July 1, 2023.