Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1256
       
       
       
       
       
       
                                Ì303542|Î303542                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2023           .                                
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       The Committee on Community Affairs (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (2) through (4) of section
    6  366.032, Florida Statutes, are redesignated as subsections (3)
    7  through (5), respectively, a new subsection (2) is added to that
    8  section, and present subsection (2) of that section is amended,
    9  to read:
   10         366.032 Preemption over utility service restrictions.—
   11         (2) Except to the extent necessary to enforce the Florida
   12  Building Code adopted pursuant to s. 553.73 or the Florida Fire
   13  Prevention Code adopted pursuant to s. 633.202, a municipality,
   14  county, special district, or other political subdivision of the
   15  state may not enact or enforce a resolution, an ordinance, a
   16  rule, a code, or a policy or take any action that restricts or
   17  prohibits or has the effect of restricting or prohibiting the
   18  use of an appliance, including a stove or grill, which uses the
   19  types or fuel sources of energy production which may be used,
   20  delivered, converted, or supplied by the entities listed in
   21  subsection (1). As used in this subsection, the term “appliance”
   22  means a device or apparatus manufactured and designed to use
   23  energy and for which the Florida Building Code or the Florida
   24  Fire Prevention Code provides specific requirements.
   25         (3)(2) Notwithstanding the restrictions of this section,
   26  this section does not prevent the board of a municipality or
   27  governmental entity which owns or operates and directly controls
   28  an electric or natural gas utility, from passing rules,
   29  regulations, or policies governing the utility.
   30         Section 2. This act shall take effect July 1, 2023.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33  And the title is amended as follows:
   34         Delete everything before the enacting clause
   35  and insert:
   36                        A bill to be entitled                      
   37         An act relating to preemption over utility service
   38         restrictions; amending. s. 366.032, F.S.; prohibiting
   39         certain local governmental entities, subject to
   40         specified exceptions, from enacting or enforcing a
   41         resolution, an ordinance, a rule, a code, or a policy
   42         or from taking any action that restricts or prohibits
   43         or has the effect of restricting or prohibiting the
   44         use of appliances; revising an exception to
   45         preemption; defining the term “appliance”; providing
   46         an effective date.