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2023 Florida Statutes (including 2023C)

Title XXVII RAILROADS AND OTHER REGULATED UTILITIES
Chapter 366 PUBLIC UTILITIES Entire Chapter
SECTION 032
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, or 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) Except to the extent necessary to enforce the Florida Building Code adopted pursuant to s. 553.73 or the Florida Fire Prevention Code adopted pursuant to s. 633.202, a municipality, county, special district, or other political subdivision of the state may not enact or enforce a resolution, an ordinance, a rule, a code, or a policy or take any action that restricts or prohibits or has the effect of restricting or prohibiting the use of an appliance, including a stove or grill, which uses the types or fuel sources of energy production which may be used, delivered, converted, or supplied by the entities listed in subsection (1). As used in this subsection, the term “appliance” means a device or apparatus manufactured and designed to use energy and for which the Florida Building Code or the Florida Fire Prevention Code provides specific requirements.
(3) 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.
(4) This section does not expand or alter the jurisdiction of the commission over public utilities or electric utilities.
(5) 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.
History.—ss. 1, 2, ch. 2021-150; s. 28, ch. 2022-4; s. 10, ch. 2023-155; s. 1, ch. 2023-285.