366.032 Preemption over utility service restrictions.

494 words·~2 min read·/fl/title-xxvii/chapter-366/366-032

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A municipality, county, board, agency, commission, or authority of any county, municipal corporation, or political subdivision, special district, community development district created pursuant to chapter 190, 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, board, agency, commission, or authority of any county, municipal corporation, or political subdivision, special district, community development district created pursuant to chapter 190, 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, board, agency, commission, or authority of any county, municipal corporation, or political subdivision, special district, community development district created pursuant to chapter 190, 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.

(6)For purposes of this section, the term “agency” does not apply to a separate legal entity that is created under s. 163.01 , that does not provide utility services to consumers, and the membership of which consists only of electric utilities.