Florida Senate - 2025 CS for SB 1002
By the Committee on Rules; and Senators Truenow and Trumbull
595-03349-25 20251002c1
1 A bill to be entitled
2 An act relating to utility service restrictions;
3 amending s. 366.032, F.S.; including boards, agencies,
4 commissions, and authorities of counties, municipal
5 corporations, and other political subdivisions of the
6 state with the entities preempted from taking certain
7 actions that restrict, prohibit, or have the effect of
8 restricting or prohibiting the types or fuel sources
9 of energy produced, used, delivered, converted, or
10 supplied by certain entities to serve customers;
11 prohibiting the Florida Building Commission or the
12 State Fire Marshal from adopting into the Florida
13 Building Code or Florida Fire Prevention Code any
14 provision that prohibits or requires the installation
15 of multiple types or fuel sources of energy production
16 which may be used for certain purposes; defining the
17 term “installation”; providing an exemption; voiding
18 existing specified documents and policies from
19 governmental entities that are preempted by the act;
20 providing applicability; defining the term “agency”;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsections (1), (2), and (5) of section
26 366.032, Florida Statutes, are amended, and subsection (6) is
27 added to that section, to read:
28 366.032 Preemption over utility service restrictions.—
29 (1) A municipality; a, county; a, special district; a
30 board, an agency, a commission, or an authority of a county, a
31 municipal corporation, or other political subdivision of the
32 state; a, community development district created pursuant to
33 chapter 190;, or other political subdivision of the state may
34 not enact or enforce a resolution, ordinance, rule, code, or
35 policy or take any action that restricts or prohibits or has the
36 effect of restricting or prohibiting the types or fuel sources
37 of energy production which may be used, delivered, converted, or
38 supplied by any of the following entities to serve customers
39 that such entities are authorized to serve:
40 (a) A public utility or an electric utility as defined in
41 this chapter.;
42 (b) An entity formed under s. 163.01 that generates, sells,
43 or transmits electrical energy.;
44 (c) A natural gas utility as defined in s. 366.04(3)(c).;
45 (d) A natural gas transmission company as defined in s.
46 368.103.; or
47 (e) A Category I liquefied petroleum gas dealer, a or
48 Category II liquefied petroleum gas dispenser, or a Category III
49 liquefied petroleum gas cylinder exchange operator as defined in
50 s. 527.01.
51 (2)(a) Except to the extent necessary to enforce the
52 Florida Building Code adopted pursuant to s. 553.73 or the
53 Florida Fire Prevention Code adopted pursuant to s. 633.202, a
54 municipality; a, county; a, special district; a board, an
55 agency, a commission, or an authority of a county, municipal
56 corporation, or, community development district created pursuant
57 to chapter 190;, or other political subdivision of the state may
58 not enact or enforce a resolution, an ordinance, a rule, a code,
59 or a policy or take any action that restricts or prohibits or
60 has the effect of restricting or prohibiting the use of an
61 appliance, including a stove or grill, which uses the types or
62 fuel sources of energy production which may be used, delivered,
63 converted, or supplied by the entities listed in subsection (1).
64 As used in this subsection, the term “appliance” means a device
65 or apparatus manufactured and designed to use energy and for
66 which the Florida Building Code or the Florida Fire Prevention
67 Code provides specific requirements.
68 (b) The Florida Building Commission or State Fire Marshal
69 may not adopt into the Florida Building Code or the Florida Fire
70 Prevention Code any provision that prohibits or requires, or has
71 the effect of prohibiting or requiring, the installation of
72 multiple types or fuel sources of energy production which may be
73 used, delivered, converted, or supplied by the entities listed
74 in subsection (1) for powering appliances. As used in this
75 paragraph, the term “installation” includes the materials,
76 products, appliances, and methods of construction associated
77 with such installation. Emergency power systems and standby
78 power systems required by this section are exempt.
79 (5) Any charter, resolution, ordinance, rule, code, policy,
80 or action of any municipality, county, special district,
81 community development district created pursuant to chapter 190,
82 or political subdivision, or of any board, agency, commission,
83 or authority of such governmental entity, which charter,
84 resolution, ordinance, rule, code, policy, or action that is
85 preempted by this act and which that existed before or on July
86 1, 2021, is void.
87 (6) For purposes of this section, the term “agency” does
88 not apply to a separate legal entity that is created under s.
89 163.01, that does not provide utility services to consumers, and
90 whose membership consists only of electric utilities.
91 Section 2. This act shall take effect July 1, 2025.