Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for SB 1002
Ì6923362Î692336
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/28/2025 09:44 AM .
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Senator Truenow moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 31 - 90
4 and insert:
5 municipal corporation, a community development district created
6 pursuant to chapter 190, or other political subdivision of the
7 state may not enact or enforce a resolution, ordinance, rule,
8 code, or policy or take any action that restricts or prohibits
9 or has the effect of restricting or prohibiting the types or
10 fuel sources of energy production which may be used, delivered,
11 converted, or supplied by any of the following entities to serve
12 customers that such entities are authorized to serve:
13 (a) A public utility or an electric utility as defined in
14 this chapter.;
15 (b) An entity formed under s. 163.01 that generates, sells,
16 or transmits electrical energy.;
17 (c) A natural gas utility as defined in s. 366.04(3)(c).;
18 (d) A natural gas transmission company as defined in s.
19 368.103.; or
20 (e) A Category I liquefied petroleum gas dealer, a or
21 Category II liquefied petroleum gas dispenser, or a Category III
22 liquefied petroleum gas cylinder exchange operator as defined in
23 s. 527.01.
24 (2)(a) Except to the extent necessary to enforce the
25 Florida Building Code adopted pursuant to s. 553.73 or the
26 Florida Fire Prevention Code adopted pursuant to s. 633.202, a
27 municipality; a, county; a, special district; a board, an
28 agency, a commission, or an authority of a county, municipal
29 corporation, or, community development district created pursuant
30 to chapter 190;, or other political subdivision of the state may
31 not enact or enforce a resolution, an ordinance, a rule, a code,
32 or a policy or take any action that restricts or prohibits or
33 has the effect of restricting or prohibiting the use of an
34 appliance, including a stove or grill, which uses the types or
35 fuel sources of energy production which may be used, delivered,
36 converted, or supplied by the entities listed in subsection (1).
37 As used in this subsection, the term “appliance” means a device
38 or apparatus manufactured and designed to use energy and for
39 which the Florida Building Code or the Florida Fire Prevention
40 Code provides specific requirements.
41 (b) The Florida Building Commission or State Fire Marshal
42 may not adopt into the Florida Building Code or the Florida Fire
43 Prevention Code any provision that prohibits or requires, or has
44 the effect of prohibiting or requiring, the installation of
45 multiple types or fuel sources of energy production which may be
46 used, delivered, converted, or supplied by the entities listed
47 in subsection (1) for powering appliances. As used in this
48 paragraph, the term “installation” includes the materials,
49 products, appliances, and methods of construction associated
50 with such installation. Emergency power systems and standby
51 power systems required by this section are exempt.
52 (5) Any charter, resolution, ordinance, rule, code, policy,
53 or action of any municipality, county, special district,
54 community development district created pursuant to chapter 190,
55 or political subdivision, or of any board, agency, commission,
56 or authority of such governmental entity, which charter,
57 resolution, ordinance, rule, code, policy, or action that is
58 preempted by this act and which that existed before or on July
59 1, 2021, is void.
60 (6) For purposes of this section, the term “agency” does
61 not apply to a separate legal entity that is created under s.
62 163.01, that does not provide utility services to consumers, and
63 whose membership consists only of electric utilities.
64 Section 2. Subsection (18) is added to section 425.04,
65 Florida Statutes, to read:
66 425.04 Powers.—A cooperative shall have all of the
67 following powers:
68 (18) A rural electric cooperative organized pursuant to
69 this chapter may not adopt, enact, or enforce any bylaw, tariff,
70 or policy, or take any other action, that restricts or prohibits
71 or has the effect of restricting or prohibiting:
72 (a) The types or fuel sources of energy production which
73 may be used, delivered, converted, or supplied by the entities
74 listed in s. 366.032(1)(a)-(e) to serve customers that such
75 entities are authorized to serve.
76 (b) The use of an appliance, including a stove or grill,
77 which uses the types or fuel sources of energy production which
78 may be used, delivered, converted, or supplied by the entities
79 listed in s. 366.032(1)(a)-(e). As used in this subsection, the
80 term “appliance” means a device or apparatus manufactured and
81 designed to use energy and for which the Florida Building Code
82 or the Florida Fire Prevention Code provides specific
83 requirements.
84 Section 3. Paragraph (c) is added to subsection (20) of
85 section 553.73, Florida Statutes, to read:
86 553.73 Florida Building Code.—
87 (20) The Florida Building Commission may not:
88 (c) Adopt into the Florida Building Code any provision that
89 prohibits or requires, or has the effect of prohibiting or
90 requiring, the installation of materials to facilitate the use
91 of more than one type or fuel source of energy production listed
92 in s. 366.032(1)(a)-(e), except to the extent that more than one
93 type or fuel source of energy is required for the proper
94 operation of an appliance, as specified by the appliance
95 manufacturer. Emergency power systems and standby power systems
96 required by statute, the Florida Building Code, the Florida Fire
97 Prevention Code, or local amendments adopted thereto are exempt
98 from this paragraph.
99 Section 4. Subsection (21) is added to section 633.202,
100 Florida Statutes, to read:
101 633.202 Florida Fire Prevention Code.—
102 (21) The State Fire Marshal may not adopt into the Florida
103 Fire Prevention Code any provision that prohibits or requires,
104 or has the effect of prohibiting or requiring, the installation
105 of materials to facilitate the use of more than one type or fuel
106 source of energy production listed s. 366.032(1)(a)-(e), except
107 to the extent that more than one type or fuel source of energy
108 is required for the proper operation of an appliance, as
109 specified by the appliance manufacturer. Emergency power systems
110 and standby power systems required by statute, the Florida
111 Building Code, the Florida Fire Prevention Code, or local
112 amendments adopted thereto are exempt from this subsection.
113
114 ================= T I T L E A M E N D M E N T ================
115 And the title is amended as follows:
116 Between lines 20 and 21
117 insert:
118 amending s. 425.04, F.S.; prohibiting rural electric
119 cooperatives from restricting or prohibiting certain
120 fuel sources and appliances used to provide energy to
121 consumers; amending ss. 553.73 and 633.202, F.S.;
122 prohibiting the Florida Building Commission and the
123 State Fire Marshal from adopting certain provisions
124 into the Florida Building Code or Florida Fire
125 Prevention Code, respectively; providing an exception;