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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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 forA person may not tostop, 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.