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2021 Florida Statutes (Including 2021B Session)

Preemption over utility service restrictions.
F.S. 366.032
366.032 Preemption over utility service restrictions.
(1) A municipality, county, special district, or other political subdivision of the state may not enact or enforce a resolution, ordinance, rule, code, 1or policy or take any action that restricts or prohibits or has the effect of restricting or prohibiting the types or fuel sources of energy production which may be used, delivered, converted, or supplied by the following entities to serve customers that such entities are authorized to serve:
(a) A public utility or an electric utility as defined in this chapter;
(b) An entity formed under s. 163.01 that generates, sells, or transmits electrical energy;
(c) A natural gas utility as defined in s. 366.04(3)(c);
(d) A natural gas transmission company as defined in s. 368.103; or
(e) A Category I liquefied petroleum gas dealer or Category II liquefied petroleum gas dispenser or Category III liquefied petroleum gas cylinder exchange operator as defined in s. 527.01.
(2) Notwithstanding the restrictions of this section, this section does not prevent the board of a municipality or governmental entity which owns or operates and directly controls an electric or natural gas utility, from passing rules, regulations, or policies governing the utility.
(3) This section does not expand or alter the jurisdiction of the commission over public utilities or electric utilities.
(4) Any municipality, county, special district, or political subdivision charter, resolution, ordinance, rule, code, policy, or action that is preempted by this act that existed before or on July 1, 2021, is void. 1, 2, ch. 2021-150.
1Note.The word “or” was inserted by the editors to improve clarity.