Florida Senate - 2023                             CS for SB 1256
       
       
        
       By the Committee on Community Affairs; and Senator Collins
       
       
       
       
       
       578-03556-23                                          20231256c1
    1                        A bill to be entitled                      
    2         An act relating to preemption over utility service
    3         restrictions; amending s. 366.032, F.S.; prohibiting
    4         certain local governmental entities, subject to
    5         specified exceptions, from enacting or enforcing a
    6         resolution, an ordinance, a rule, a code, or a policy
    7         or from taking any action that restricts or prohibits
    8         or has the effect of restricting or prohibiting the
    9         use of appliances; revising an exception to
   10         preemption; defining the term “appliance”; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (2) through (4) of section
   16  366.032, Florida Statutes, are redesignated as subsections (3)
   17  through (5), respectively, a new subsection (2) is added to that
   18  section, and present subsection (2) of that section is amended,
   19  to read:
   20         366.032 Preemption over utility service restrictions.—
   21         (2) Except to the extent necessary to enforce the Florida
   22  Building Code adopted pursuant to s. 553.73 or the Florida Fire
   23  Prevention Code adopted pursuant to s. 633.202, a municipality,
   24  county, special district, or other political subdivision of the
   25  state may not enact or enforce a resolution, an ordinance, a
   26  rule, a code, or a policy or take any action that restricts or
   27  prohibits or has the effect of restricting or prohibiting the
   28  use of an appliance, including a stove or grill, which uses the
   29  types or fuel sources of energy production which may be used,
   30  delivered, converted, or supplied by the entities listed in
   31  subsection (1). As used in this subsection, the term “appliance”
   32  means a device or apparatus manufactured and designed to use
   33  energy and for which the Florida Building Code or the Florida
   34  Fire Prevention Code provides specific requirements.
   35         (3)(2) Notwithstanding the restrictions of this section,
   36  this section does not prevent the board of a municipality or
   37  governmental entity which owns or operates and directly controls
   38  an electric or natural gas utility, from passing rules,
   39  regulations, or policies governing the utility.
   40         Section 2. This act shall take effect July 1, 2023.