SB 1256 — Preemption Over Utility Service Restrictions

Florida Senate - 2023 CS for SB 1256 By Senatorthe CollinsCommittee 14-01579A-23on 20231256__Community AAffairs; bill to be entitled An act relating to preemption over utility service restrictions;

and Senator Collins 578-03556-23 20231256c1 A bill to be entitled An act relating to preemption over utility service restrictions;

preventingprohibiting certain local governmental entitiesentities, subject to specified exceptions, from enacting or enforcing a resolution, an ordinance, a rule, a code, or a policy or from taking any action that restricts or prohibits or has the effect of restricting or prohibiting the use of certain major appliances;

revising an exception to preemption;

defining the term “appliance”;

Present subsections (2),(2) (3),through and (4) of section 366.032, Florida Statutes, are redesignated as subsections (3),(3) (4),through and (5), respectively, and a new subsection (2) is added to that section, and present subsection (2) of that section is amended, to read:

366.032 Preemption over utility service restrictions.— (2) AExcept municipality,to county, special district, or other political subdivision of the stateextent maynecessary notto enact or enforce a resolution, ordinance, rule, code, or policy or take any action that restricts or prohibits or has the effectFlorida ofBuilding restrictingCode oradopted prohibitingpursuant theto uses. of any major appliances, including a stove or grill, which use the types of fuel sources of energy production which may be used, delivered, converted, or supplied by the entities listed in subsection (1).

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, Page 1 of 2 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 1256 578-03556-23 20231256c1 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)(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.

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