Florida Senate - 2021                             CS for SB 1128
       
       
        
       By the Committee on Regulated Industries; and Senator Hutson
       
       
       
       
       
       580-02583-21                                          20211128c1
    1                        A bill to be entitled                      
    2         An act relating to preemption on restriction of
    3         utility services; creating s. 366.032, F.S.;
    4         prohibiting municipalities, counties, special
    5         districts, or other political subdivisions from
    6         enacting or enforcing provisions or taking actions
    7         that restrict or prohibit the types or fuel sources of
    8         energy production which may be used, delivered,
    9         converted, or supplied to customers by specified
   10         entities; providing for preemption; providing for
   11         retroactive application; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 366.032, Florida Statutes, is created to
   16  read:
   17         366.032 Preemption on utility service restrictions and
   18  prohibitions; retroactive applicability.—
   19         (1) A municipality, a county, a special district, or
   20  another political subdivision of the state may not enact or
   21  enforce a resolution, an ordinance, a rule, a code, or a policy
   22  or take any action that restricts or prohibits, or that has the
   23  effect of restricting or prohibiting, the types or the fuel
   24  sources of energy production which may be used, delivered,
   25  converted, or supplied by a public utility as defined in this
   26  chapter, a municipal electric utility, a natural gas utility as
   27  defined in s. 366.04(3)(c), a natural gas transmission company
   28  as defined in s. 368.103, or a category I liquefied petroleum
   29  gas dealer or a category II liquefied petroleum gas dispenser as
   30  defined in chapter 527 to customers that such entities are
   31  authorized to serve.
   32         (2) Any municipality, county, special district, or
   33  political subdivision charter, resolution, ordinance, rule,
   34  code, policy, or action that is preempted by this section and
   35  that existed before or on July 1, 2021, is void.
   36         Section 2. This act shall take effect July 1, 2021.