Pandemic Darlings The pandemic economy, in original documents
Home Source documents Energy, Communications & Cybersecurity Subcommittee Meeting Packet, January 30, 2024

Energy, Communications & Cybersecurity Subcommittee Meeting Packet, January 30, 2024

Summary

Meeting packet for the Energy, Communications & Cybersecurity Subcommittee of the Florida House of Representatives Commerce Committee, meeting Tuesday, January 30, 2024, at Reed Hall (HOB), with Mike Giallombardo as Chair and Paul Renner as Speaker. The agenda lists CS/HB 275 on Offenses Involving Critical Infrastructure, HB 927 on Improvements to Real Property and HB 1645 on Energy Resources, plus the proposed committee substitute PCS for HB 683 on Energy Infrastructure Investment. The packet reproduces the staff analysis of CS/HB 275 and ends with Amendment 1 by Yeager to PCS for HB 683, which revises a Public Service Commission rule date to January 1, 2025.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Energy, Communications & Cybersecurity Subcommittee Meeting Packet, January 30, 2024.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-30-3226-energy-communications-cybersecurity-subcommittee-meeti-92630091a7/, SHA-256 2a317f4de7d44acc8e241fef2d35b08f03401f605198cf65df07f88a7a2a1bc0.

Full text

               Energy, Communications &
              Cybersecurity Subcommittee
                   Tuesday, January 30, 2024
                       3:00 PM - 6:00 PM
                     Reed Hall (102 HOB)


                      Meeting Packet




Paul Renner                                    Mike Giallombardo
Speaker                                                    Chair
                    The Florida House of Representatives
                                           Commerce Committee
                   Energy, Communications & Cybersecurity Subcommittee
Paul Renner                                                                                    Mike Giallombardo
Speaker                                                                                                    Chair



                                           Meeting Agenda
                                         Tuesday, January 30, 2024
                                            3:00 pm – 6:00 pm
                                           Reed Hall (102 HOB)



  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):
          • CS/HB 275 Offenses Involving Critical Infrastructure by Criminal Justice
             Subcommittee, Canady
          • HB 927 Improvements to Real Property by Trabulsy
          • HB 1645 Energy Resources by Payne

       Consideration of the following proposed committee substitute(s):
          • PCS for HB 683 -- Energy Infrastructure Investment

 V.    Closing Remarks

VI.    Adjournment




                   303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                   (850) 717-4870
CS/HB 275
                                      HOUSE OF REPRESENTATIVES STAFF ANALYSIS
  BILL #:     CS/HB 275 Offenses Involving Critical Infrastructure
  SPONSOR(S): Criminal Justice Subcommittee, Canady and others
  TIED BILLS:       IDEN./SIM. BILLS: CS/SB 340

      REFERENCE                                                        ACTION                   ANALYST             STAFF DIRECTOR or
                                                                                                                    BUDGET/POLICY CHIEF

      1) Criminal Justice Subcommittee                                 16 Y, 0 N, As CS         Padgett             Hall

      2) Energy, Communications & Cybersecurity                                                 Bauldree            Keating
         Subcommittee

      3) Judiciary Committee

                                                          SUMMARY ANALYSIS
CS/HB 275 creates s. 812.141, F.S., to create new criminal offenses involving critical infrastructure, including:
 • Improperly tampering with critical infrastructure that results in damage to such critical infrastructure that is $200 or more, or
   where the damage causes the interruption or impairment of the function of critical infrastructure which costs $200 or more in
   labor and supplies to restore, punishable as a second degree felony;
 • Trespassing on a linear asset, or physical critical infrastructure as to which notice against entering or remaining in is given,
   punishable as a third degree felony;
 • Accessing a computer, computer system, computer network, or electronic device owned, operated, or used by a critical
   infrastructure entity without authorization, punishable as a third degree felony; and
 • Physically tampering with or inserting a computer contaminant into a computer, computer system, computer network, or
   electronic device that causes a disruption in any service delivered by a critical infrastructure entity, punishable as a second
   degree felony.
The bill defines “critical infrastructure” to mean any linear asset, or any of the following for which the owner or operator thereof
has employed physical or digital measures designed to exclude unauthorized persons, including, but not limited to, fences,
barriers, guard posts, identity and access management, firewalls, virtual private networks, encryption, multi-factor
authentication, passwords, or other cybersecurity systems and controls:
  • A power generation, transmission, or distribution facility, or a substation, a switching station, or an electrical control center.
  • A chemical or rubber manufacturing or storage facility or a mining facility.
  • A natural gas or compressed gas compressor station, storage facility, or gas pipeline.
  • A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.
  • A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000 gallons or more.
  • Any portion of an aboveground oil or gas pipeline.
  • A wireless or wired communications network, including the tower, antennae, support structures, and all associated ground-
    based equipment, including equipment intended to provide communications to governmental entities.
  • A water intake structure, water treatment facility, wastewater treatment plant, pump station, or lift station.
  • A deepwater port, railroad switching yard, airport, trucking terminal, or other freight transportation facility.
  • A facility used for the operating, landing, takeoff, or surface maneuvering of vehicles, aircraft, or spacecraft.
  • A transmission facility used by a federally licensed radio or television station.
  • A military base or facility or a civilian defense industrial base conducting research and development of military weapons
    systems, subsystems, components, or parts.
  • Cyber or virtual assets, including electronic systems, networks, servers, data centers, devices, hardware, software, or data
    essential to the reliable operations, monitoring, and security of any critical infrastructure.
  • Dams and other water control structures.
A person who is found in a civil action to have improperly tampered with critical infrastructure based on a conviction is civilly
liable to the owner or operator in an amount equal to three times the amount of the actual damage sustained by the owner or
operator, or three times any claim made against the owner or operator, whichever is greater, for any personal injury, wrongful
death, or property damage caused by the act.
The bill may have a positive impact on jail and prison beds by creating new felony offenses relating to critical infrastructure,
which may result in increased admissions to such facilities.
The bill provides an effective date of July 1, 2024.



  This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
  STORAGE NAME: h0275a.ECC
  DATE: 1/26/2024
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Background

         Damage to Critical Infrastructure

         According to the Cybersecurity and Infrastructure Security Agency (CISA) within the United States
         Department of Homeland Security, critical infrastructure are “those assets, systems, and networks that
         provide functions necessary for our way of life,” and that are “…considered so vital to the United States
         that their incapacitation or destruction would have a debilitating effect on security, national economic
         security, national public health or safety, or any combination thereof.” 1 CISA broadly classifies critical
         infrastructure into the following sectors: chemicals; commercial facilities; communications; critical
         manufacturing; dams; defense industrial bases; emergency services; energy; financial services; food
         and agriculture; government facilities; healthcare and public health; information technology; nuclear
         reactors, materials, and waste; transportation systems; and water and wastewater systems. 2

         Due to the vast number of critical infrastructure facilities, the difficulty in securing and monitoring such
         facilities, and the widespread effects that damage to such facilities can cause, critical infrastructure
         facilities have become a frequent target of both physical and cyber attacks in recent years. 3 In 2022,
         physical security incidents against electric infrastructure, such as vandalism, trespassing, and theft,
         increased 70 percent from the previous year. 4 In September 2022, six separate “intrusion events”
         occurred at Duke Energy electric substations in central Florida, resulting in several brief power
         outages. 5 On December 3, 2022, gunfire damaged an electrical substation in Moore County, North
         Carolina, leaving approximately 45,000 people without power and resulting in the death of one person. 6

         Florida Laws Prohibiting Damage to Critical Infrastructure

         Under Florida law, there is not a specific criminal offense prohibiting a person from tampering with
         critical infrastructure. However, a person who tampers with such infrastructure either by intentionally
         causing damage or illegally entering on the property upon which the critical infrastructure is located
         could be prosecuted for committing other criminal offenses, such as criminal mischief or trespass.

                  Criminal Mischief

         A person commits criminal mischief by willfully and maliciously injuring or damaging the property of
         another, including by vandalism or graffiti. 7 The penalty for criminal mischief generally corresponds to
         the value of the damage:


                                  Value of Damage 8                                    Penalty


1 Cybersecurity and Infrastructure Security Agency, Critical Infrastructure Security and Resilience, https://www.cisa.gov/topics/critical-

infrastructure-security-and-resilience (last visited Jan. 19, 2024).
2 Cybersecurity and Infrastructure Security Agency, Critical Infrastructure Sectors, https://www.cisa.gov/topics/critical-infrastructure-

security-and-resilience/critical-infrastructure-sectors (last visited Jan. 19, 2024).
3 Dinah Voyles Pulver and Grace Hauck, Attacks on power substations are growing. Why is the electric grid so hard to protect?, USA

Today (Dec. 30, 2022) https://www.usatoday.com/story/news/nation/2022/12/30/power-grid-attacks-increasing/10960265002/ (last
visited Jan. 19, 2024).
4 National Conference of State Legislatures, Human-Driven Physical Threats to Energy Infrastructure,

https://www.ncsl.org/energy/human-driven-physical-threats-to-energy-infrastructure (last visited Jan. 19, 2024).
5 Andrew Dorn and Evan Lambert, Report shows 6 “intrusions” at power stations in Florida, WDHN (Dec. 8, 2022),

https://www.wdhn.com/news/report-shows-6-intrusions-at-power-stations-in-florida/ (last visited Jan. 19, 2024).
6 John Nagy and Jonathan Bym, Still no arrests, but warrants reveal more details on Moore County power grid attacks, The News &

Observer (Dec. 16, 2023), https://www.newsobserver.com./news/state/north-carolina/article283121923.html (last visited Jan. 19, 2024).
7 S. 806.13(1)(a), F.S.
8 S. 806.13(1)(b), F.S.

STORAGE NAME: h0275a.ECC                                                                                                            PAGE: 2
DATE: 1/26/2024
                             ≤ $200                                  Second degree misdemeanor 9
                             > $200 but ≤ $1,000                     First degree misdemeanor 10
                             > $1,000                                Third degree felony 11

         Criminal mischief may also be enhanced to a third degree felony based on a prior criminal mischief
         conviction 12 or the nature of the property damaged, including when a person damages:
            • Property that results in the interruption or impairment of a business operation or public
                 communication, transportation, supply of water, gas or power, or other public service which
                 costs $1,000 or more in labor and supplies to restore. 13
            • A church, synagogue, mosque, or other place of worship, or a religious article therein, if the
                 damage is valued at greater than $200. 14
            • A memorial 15 or historic property, 16 if the damage is valued at greater than $200. 17
            • A public telephone, regardless of the value of the damage. 18
            • A sexually violent predator detention or commitment facility, if the damage is valued at greater
                 than $200. 19

                  Trespass

         A person commits the offense of trespass on property other than a structure 20 or conveyance, 21
         punishable as a first degree misdemeanor, if he or she, without being authorized, licensed, or invited,
         willfully enters upon or remains in any property, other than a structure or conveyance:
              • As to which notice against entering or remaining is given, either by actual communication to the
                  offender or by posting, fencing, or cultivation; or




9 A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Ss. 775.082 or 775.083, F.S.
10 A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
11 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
12 S. 806.13(1)(b)4., F.S.
13 S. 806.13(1)(b)3., F.S.
14 S. 806.13(2), F.S.
15 “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or

display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a
historical person, an entity, an event, or a series of events; and honors or recounts the military service of any past or present United
States Armed Forces military personnel, or the past or present public service of a resident of the geographical area comprising the state
or the United States. The term includes, but is not limited to, the following memorials established under ch. 265, F.S.:
      •   Florida Women's Hall of Fame.
      •   Florida Medal of Honor Wall.
      •   Florida Veterans' Hall of Fame.
      •   POW-MIA Chair of Honor Memorial.
      •   Florida Veterans' Walk of Honor and Florida Veterans' Memorial Garden.
      •   Florida Law Enforcement Officers' Hall of Fame.
      •   Florida Holocaust Memorial.
      •   Florida Slavery Memorial.
      •   Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.
S. 806.135(1)(b), F.S.
16 “Historic property” means any building, structure, site, or object that has been officially designated as a historic building, historic

structure, historic site, or historic object through a federal, state, or local designation program. S. 806.135(1)(a), F.S.
17 S. 806.13(3), F.S.
18 S. 806.13(4), F.S.
19 S. 806.13(5), F.S.
20 “Structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.

However, during the time of a state of emergency declared by executive order or proclamation of the Governor under ch. 252, F.S., and
within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08, F.S., only, the term means
a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof.
21 “Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and “to enter a

conveyance” includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by
executive order or proclamation of the Governor under ch. 252, F.S., and within the area covered by such executive order or
proclamation and for purposes of ss. 810.02 and 810.08, F.S., only, the term “conveyance” means a motor vehicle, ship, vessel,
railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist.
STORAGE NAME: h0275a.ECC                                                                                                         PAGE: 3
DATE: 1/26/2024
              •   If the property is the unenclosed curtilage 22 of a dwelling and the offender enters or remains
                  with the intent to commit an offense thereon, other than the offense of trespass. 23

         A trespass offense is enhanced to a third degree felony if:
             • A person becomes armed with a firearm or other dangerous weapon during the commission of
                the offense; 24 or
             • The property trespassed upon is any of the following and the property complies with specified
                posting of notice requirements:
                    o A construction site; 25
                    o Commercial horticulture property; 26
                    o An agricultural site for testing or research purposes; 27
                    o A certified domestic violence center; 28
                    o An agricultural chemicals manufacturing facility; 29 or
                    o The operational area of an airport, if the offender trespasses with the intent to injure
                        another person, damage property, or impede the operation or use of an aircraft, runway,
                        taxiway, ramp, or apron area. 30

                  Offenses Against Computers

         Under s. 815.06, F.S., a person commits an offense against users of computers, computer systems,
         computers networks, or electronic devices if he or she willfully, knowingly, and without authorization or
         exceeding authorization:
            • Accesses or causes to be accessed any computer, 31 computer system, 32 computer network, 33
                or electronic device 34 with knowledge that such access is unauthorized or the manner of use
                exceeds authorization;
            • Disrupts or denies or causes the denial of the ability to transmit data to or from an authorized
                user of a computer, computer system, computer network, or electronic device, which, in whole
                or in part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with
                another;
            • Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a
                computer, computer system, computer network, or electronic device;
            • Destroys, injures, or damages any computer, computer system, computer network, or electronic
                device;
            • Introduces any computer containment into any computer, computer system, computer network,
                or electronic device; or
            • Engages in audio or video surveillance of an individual by accessing any inherent feature or
                component of a computer, computer system, computer network, or electronic device, including

22 “Unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and

connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. S. 810.09(1)(b), F.S.
23 S. 810.09(1)(a), F.S.
24 S. 810.09(2)(c), F.S.
25 S. 810.09(2)(d), F.S.
26 S. 810.09(2)(e), F.S.
27 S. 810.09(2)(f), F.S.
28 S. 810.09(2)(g), F.S.
29 S. 810.09(2)(i), F.S.
30 S. 810.09(2)(j), F.S.
31 “Computer” means an internally programmed, automatic device that performs data processing. S. 815.03(2), F.S.
32 “Computer system” means a device or collection of devices, including support devices, one or more of which contain computer

programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic,
arithmetic, data storage, retrieval, communication, or control. The term does not include calculators that are not programmable and that
are not capable of being used in conjunction with external files. S. 815.03(7), F.S.
33 “Computer network” means a system that provides a medium for communication between one or more computer systems or

electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic
equipment that is connected to the computer systems or electronic devices by physical or wireless telecommunication facilities. S.
815.03(4), F.S.
34 “Electronic device” means a device or a portion of a device that is designed for and capable of communicating across a computer

network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular
telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is
actually used for such purpose. S. 815.03(9), F.S.
STORAGE NAME: h0275a.ECC                                                                                                             PAGE: 4
DATE: 1/26/2024
                  accessing the data or information of a computer, computer system, computer network, or
                  electronic device that is stored by a third party.

         Generally, a person who commits a violation of s. 815.06, F.S., commits a third degree felony. A person
         commits a second degree felony if he or she commits a violation of s. 815.06, F.S., that interrupts or
         impairs a governmental operation or public communication, transportation, or supply of water, gas, or
         other public service. 35

         Additionally, under s. 815.061, F.S., a person commits a third degree felony if he or she willfully,
         knowingly and without authorization gains access to a computer, computer system, computer network,
         or electronic device owned, operated, or used by a public utility while knowing that such access is
         unauthorized. 36 A person commits a second degree felony if he or she willfully, knowingly, and without
         authorization physically tampers with, inserts a computer contaminant into, or otherwise transmits
         commands or electronic communications to a computer, computer system, computer network, or
         electronic device that causes a disruption in any service delivered by a public utility. 37

         Offense Severity Ranking Chart

         Felony offenses subject to the Criminal Punishment Code (CPC) are listed in a single offense severity
         ranking chart (OSRC), which uses 10 offense levels to rank felonies from least severe (Level 1) to most
         severe (Level 10). Each felony offense is assigned to a level according to the severity of the offense,
         commensurate with the harm or potential for harm to the community that is caused by the offense, as
         determined by statute. A person’s primary offense, any other current offenses, and prior offenses are
         scored using the points designated for the offense severity level of each offense. The final calculation,
         following the scoresheet formula, determines the lowest permissible sentence that the trial court may
         impose, absent a valid reason for departure. 38 If an offense is unranked, the CPC specifies a default
         level on the OSRC depending on the felony degree of the offense. 39

         Effect of Proposed Changes

         CS/HB 275 creates s. 812.141, F.S., to create various new criminal offenses involving critical
         infrastructure.

         Improperly Tampering with Critical Infrastructure

         The bill prohibits a person from improperly tampering with critical infrastructure resulting in damage to
         critical infrastructure that is $200 or more, or if such damage results in the interruption or impairment of
         the function of critical infrastructure which costs $200 or more in labor and supplies to restore. A
         violation of the prohibition is punishable as a second degree felony.

         The bill defines the term “critical infrastructure” to mean any of the following:
            • Any linear asset; or
            • Any of the following for which the owner or operator thereof has employed physical or digital
                 measures designed to exclude unauthorized persons, including, but not limited to, fences,
                 barriers, guard posts, identity and access management, firewalls, virtual private networks,
                 encryption, multi-factor authentication, passwords, or other cybersecurity systems and controls:
                     o An electric power generation, transmission, or distribution facility, or a substation, a
                         switching station, or an electrical control center.
                     o A chemical or rubber manufacturing or storage facility.
                     o A mining facility.
                     o A natural gas or compressed gas compressor station, storage facility, or pipeline.

35 S. 815.06(3)(b)3., F.S. A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082,

775.083, or 775.084, F.S
36 S. 815.061(2)(a), F.S.
37 S. 815.061(2)(b), F.S.
38 S. 921.0022, F.S.
39 S. 921.0023, F.S.

STORAGE NAME: h0275a.ECC                                                                                                     PAGE: 5
DATE: 1/26/2024
                  o   A gas processing plant, including a plant used in the processing, treatment, or
                      fractionation of natural gas.
                  o   A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000
                      gallons or more.
                  o   Any portion of an aboveground oil or gas pipeline.
                  o   A wireless or wired communications network, including the tower, antennae, support
                      structures, and all associated ground-based equipment, including equipment intended to
                      provide communications to governmental entities, including, but not limited to, law
                      enforcement agencies, fire emergency medical services, emergency management
                      agencies, or any other governmental entity.
                  o   A water intake structure, water treatment facility, wastewater treatment plant, pump
                      station, or lift station.
                  o   A deepwater port, railroad switching yard, airport, trucking terminal, or other freight
                      transportation facility.
                  o   A facility used for the operating, landing, takeoff, or surface maneuvering of vehicles,
                      aircraft, or spacecraft.
                  o   A transmission facility used by a federally licensed radio or television station.
                  o   A military base or facility or a civilian defense industrial base conducting research and
                      development of military weapons systems, subsystems, components, or parts.
                  o   Cyber or virtual assets, including electronic systems, networks, servers, data centers,
                      devices, hardware, software, or data essential to the reliable operations, monitoring, and
                      security of any critical infrastructure.
                  o   Dams and other water control structures.

       The bill defines “linear asset” as any electric distribution or transmission asset, gas distribution or
       transmission pipeline, communication wirelines, or railway, or any attachments thereto.

       Under the bill, “improperly tampers” means, to knowingly and intentionally cause, or attempt to cause, a
       significant interruption or impairment of a function of critical infrastructure by:
           • Changing the physical location or physical or virtual condition of the critical infrastructure, or any
               portion thereof, without permission or authority to do so;
           • Otherwise moving, damaging, or destroying the critical infrastructure or any portion thereof,
               without permission or authority to do so; or
           • Accessing without authorization, introducing malware, or taking any other action that
               compromises the integrity or availability of the critical infrastructure’s digital systems.

       The bill does not rank the offense of improperly tampering with critical infrastructure on the OSRC. As
       such, the second degree felony offense defaults to a Level 4 offense on the OSRC.

       The bill specifies that a person who is found in a civil action to have improperly tampered with critical
       infrastructure based on such a conviction is civilly liable to the owner or operator of the critical
       infrastructure for damages in an amount equal to three times:
           • The actual damage sustained by the owner or operator due to any property damage, personal
               injury, or wrongful death caused by the act; or
           • Any claim made against the owner or operator for any property damage, personal injury, or
               wrongful death caused by the malfunction of the critical infrastructure resulting from the criminal
               act, whichever is greater.



       Trespass on Critical Infrastructure

       The bill prohibits a person from willfully entering or remaining on specified property without being
       authorized, licensed, or invited to do so, including:
          • Any linear asset; or


STORAGE NAME: h0275a.ECC                                                                                         PAGE: 6
DATE: 1/26/2024
           •   Physical critical infrastructure as to which notice against entering or remaining in is given, either
               by actual communication to the offender or by posting, fencing, or cultivation as described in s.
               810.011, F.S.

       A violation of the prohibition is a third degree felony. The bill does not rank the offense on the OSRC
       and as such, the third degree felony offense defaults to a Level 1 offense on the OSRC.

       Unauthorized Access to/Tampering with Computers

       The bill prohibits a person from willfully, knowingly, and without authorization, gaining access to a
       computer, computer system, computer network, or electronic device owned, operated, or used by any
       critical infrastructure entity while knowing that such access is unauthorized. A violation of the prohibition
       is a third degree felony. The bill does not rank the offense on the OSRC and as such, the third degree
       felony offense defaults to a Level 1 offense on the OSRC.

       Finally, the bill prohibits a person from willfully, knowingly, and without authorization, physically
       tampering with, inserting a computer contaminant into, or otherwise transmitting commands or
       electronic communications to, a computer, computer system, computer network, or electronic device
       that causes a disruption in any service delivered by any critical infrastructure. A violation of the
       prohibition is a second degree felony. The bill does not rank the offense and as such, the second
       degree felony offense defaults to a Level 4 offense on the OSRC.

       The bill defines the following terms to have the same meaning as in s. 815.03, F.S.:
          • “Computer” means an internally programmed, automatic device that performs data processing.
          • “Computer system” means a device or collection of devices, including support devices, one or
               more of which contain computer programs, electronic instructions, or input data and output data,
               and which perform functions, including, but not limited to, logic, arithmetic, data storage,
               retrieval, communication, or control. The term does not include calculators that are not
               programmable and that are not capable of being used in conjunction with external files.
          • “Computer network” means a system that provides a medium for communication between one
               or more computer systems or electronic devices, including communication with an input or
               output device such as a display terminal, printer, or other electronic equipment that is connected
               to the computer systems or electronic devices by physical or wireless telecommunication
               facilities.
          • “Electronic device” means a device or a portion of a device that is designed for and capable of
               communicating across a computer network with other computers or devices for the purpose of
               transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet,
               or other portable device designed for and capable of communicating with or across a computer
               network and that is actually used for such purpose.

       The bill provides an effective date of July 1, 2024.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 812.141, F.S., relating to offenses involving critical infrastructure; improper
                  tampering; civil remedies; trespass on critical infrastructure; computer offenses involving
                  critical infrastructure.
       Section 2: Provides an effective date of July 1, 2024.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
STORAGE NAME: h0275a.ECC                                                                                      PAGE: 7
DATE: 1/26/2024
           See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           See Fiscal Comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       The bill may have a positive impact on jail and prison beds by creating new felony offenses relating to
       critical infrastructure, which may result in increased admissions to such facilities.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       Not applicable.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   On January 19, 2024, the Criminal Justice Subcommittee adopted a proposed committee substitute (PCS)
   and one strike-all amendment to the PCS and reported the bill favorably as a committee substitute. The
   PCS differed from the original bill as it:
      • Added additional facilities, including the cyber or virtual assets of a critical infrastructure facility, to
          the definition of “critical infrastructure.”
      • Expanded the definition of “improperly tampers” to prohibit the unauthorized access, introduction of
          malware, or taking any other action that compromises the integrity or availability of a critical
          infrastructure’s digital systems.
      • Required improper tampering to result in damage to critical infrastructure of $200 or greater for the
          penalty in the bill to apply.
      • Prohibited a person from trespassing on critical infrastructure, a violation of which is punishable as
          a third degree felony, and provided notice and posting requirements for the trespass offense to
          apply.
      • Prohibited a person from willfully, knowingly, and without authorization, gaining access to a
          computer, computer system, computer network, or electronic device owned, operated, or used by
          any critical infrastructure entity while knowing that such access is unauthorized, a violation of which
          is punishable as a third degree felony.

STORAGE NAME: h0275a.ECC                                                                                     PAGE: 8
DATE: 1/26/2024
       •   Prohibited a person from physically tampering with, inserting a computer contaminant into, or
           otherwise transmitting commands or electronic communications to, a computer, computer system,
           computer network, or electronic device that causes a disruption in any service delivered by any
           critical infrastructure, a violation of which is punishable as a second degree felony.
       •   Deleted a provision that specified that a that a prosecution for an offense committed before July 1,
           2024, is not abated or affected by the bill.

   The strike-all amendment differed from the PCS as it:
      • Defined the term “linear asset.”
      • Included any linear asset within the definition of “critical infrastructure.”
      • Prohibited a person from improperly tampering with critical infrastructure that results in the
           interruption or impairment of the function of critical infrastructure which costs $200 or more in labor
           and supplies to restore, a violation of which is punishable as a second degree felony.
      • Prohibited a person from trespassing on a linear asset, a violation of which is punishable as a third
           degree felony.
      • Deleted specific notice and posting requirements for the offense of trespassing on critical
           infrastructure.
      • Required a violation of the prohibition against physical tampering with, inserting a computer
           contaminant into, or otherwise transmitting commands or electronic communications to a computer,
           computer system, computer network, or electronic device that causes a disrupting in any service
           delivered by critical infrastructure to be made willfully, knowingly, and without authorization.
      • Defined the terms “computer,” “computer system,” “computer network,” and “electronic device.”
      • Made technical changes to improve clarity, align provisions in the bill, and improve the structure of
           the bill.

This analysis is drafted to the committee substitute as passed by the Criminal Justice Subcommittee.




STORAGE NAME: h0275a.ECC                                                                                   PAGE: 9
DATE: 1/26/2024
F   L     O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 275                                                                                            2024




    1                                         A bill to be entitled
    2              An act relating to offenses involving critical
    3              infrastructure; creating s. 812.141, F.S.; providing
    4              definitions; providing criminal penalties for
    5              improperly tampering with critical infrastructure
    6              resulting in specified monetary damage or cost to
    7              restore; providing for civil liability upon a
    8              conviction for such violations; providing criminal
    9              penalties for trespass upon critical infrastructure;
10                 providing notice requirements; providing criminal
11                 penalties for the unauthorized access to or tampering
12                 with specified electronic devices or networks of
13                 critical infrastructure; providing an effective date.
14
15         Be It Enacted by the Legislature of the State of Florida:
16
17                 Section 1.         Section 812.141, Florida Statutes, is created
18         to read:
19                 812.141        Offenses involving critical infrastructure;
20         improper tampering; civil remedies; trespass on critical
21         infrastructure; computer offenses involving critical
22         infrastructure.—
23                 (1)         For purposes of this section, the term:
24                 (a)         "Critical infrastructure" means:
25                 1. Any linear asset; or

                                                         Page 1 of 6

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb0275-01-c1
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 275                                                                                            2024




26              2.      Any of the following for which the owner or operator
27      thereof has employed physical or digital measures designed to
28      exclude unauthorized persons, including, but not limited to,
29      fences, barriers, guard posts, identity and access management,
30      firewalls, virtual private networks, encryption, multifactor
31      authentication, passwords, or other cybersecurity systems and
32      controls:
33              a.      An electric power generation, transmission, or
34      distribution facility, or a substation, a switching station, or
35      an electrical control center.
36              b.      A chemical or rubber manufacturing or storage facility.
37              c.      A mining facility.
38              d.      A natural gas or compressed gas compressor station,
39      storage facility, or pipeline.
40              e.      A gas processing plant, including a plant used in the
41      processing, treatment, or fractionation of natural gas.
42              f.      A liquid natural gas or propane gas terminal or storage
43      facility with a capacity of 4,000 gallons or more.
44              g.      Any portion of an aboveground oil or gas pipeline.
45              h.      A wireless or wired communications network, including
46      the tower, antennae, support structures, and all associated
47      ground-based equipment, including equipment intended to provide
48      communications to governmental entities, including, but not
49      limited to, law enforcement agencies, fire emergency medical
50      services, emergency management agencies, or any other

                                                      Page 2 of 6

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0275-01-c1
F   L   O   R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 275                                                                                            2024




51      governmental entity.
52              i.      A water intake structure, water treatment facility,
53      wastewater treatment plant, pump station, or lift station.
54              j.      A deepwater port, railroad switching yard, airport,
55      trucking terminal, or other freight transportation facility.
56              k.      A facility used for the operation, landing, takeoff, or
57      surface maneuvering of vehicles, aircraft, or spacecraft.
58              l.      A transmission facility used by a federally licensed
59      radio or television station.
60              m.      A military base or military facility conducting
61      research and development of military weapons systems,
62      subsystems, components, or parts.
63              n.      A civilian defense industrial base conducting research
64      and development of military weapons systems, subsystems,
65      components, or parts.
66              o.      Cyber or virtual assets, including electronic systems,
67      networks, servers, data centers, devices, hardware, software, or
68      data that are essential to the reliable operations, monitoring,
69      and security of any critical infrastructure.
70              p.      Dams and other water control structures.
71              (b)         "Improperly tampers" means to knowingly and
72      intentionally cause, or attempt to cause, a significant
73      interruption or impairment of a function of critical
74      infrastructure by:
75              1.      Changing the physical location or physical or virtual

                                                      Page 3 of 6

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb0275-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 275                                                                                            2024




 76      condition of the critical infrastructure, or any portion
 77      thereof, without permission or authority to do so;
 78              2.      Otherwise moving, damaging, or destroying the critical
 79      infrastructure or any portion thereof, without permission or
 80      authority to do so; or
 81              3.      Accessing without authorization, introducing malware,
 82      or taking any other action that compromises the integrity or
 83      availability of the critical infrastructure's digital systems .
 84              (c)         "Linear asset" means any electric distribution or
 85      transmission asset, gas distribution or transmission pipeline,
 86      communication wirelines, or railway, and any attachments
 87      thereto.
 88              (2)         A person who improperly tampers with critical
 89      infrastructure resulting in damage to critical infrastructure
 90      that is $200 or more or in the interruption or impairment of the
 91      function of critical infrastructure which costs $200 or more in
 92      labor and supplies to restore, commits a felony of the second
 93      degree, punishable as provided in s. 775.082, s. 775.083, or s.
 94      775.084.
 95              (3)         A person who is found in a civil action to have
 96      improperly tampered with critical infrastructure based on a
 97      conviction for a violation of subsection (2) is liable to the
 98      owner or operator of the critical infrastructure for damages in
 99      an amount equal to three times the actual damage sustained by
100      the owner or operator due to any property damage, personal

                                                       Page 4 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0275-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 275                                                                                            2024




101      injury, or wrongful death, caused by the act or an amount equal
102      to three times any claim made against the owner or operator for
103      any property damage, personal injury, or wrongful death caused
104      by the malfunction of the critical infrastructure resulting from
105      the act, whichever is greater.
106              (4)         A person commits the offense of trespass on critical
107      infrastructure, a felony of the third degree, punishable as
108      provided in s. 775.082, s. 775.083, or s. 775.084, if he or she
109      without being authorized, licensed, or invited, willfully enters
110      upon or remains on:
111              (a)         A linear asset; or
112              (b)         Physical critical infrastructure as to which notice
113      against entering or remaining in is given, either by actual
114      communication to the offender or by posting, fencing, or
115      cultivation as described in s. 810.011.
116              (5)(a)        A person who willfully, knowingly, and without
117      authorization gains access to a computer, a computer system, a
118      computer network, or an electronic device that is owned,
119      operated, or used by any critical infrastructure entity while
120      knowing that such access is unauthorized commits a felony of the
121      third degree, punishable as provided in s. 775.082, s. 775.083,
122      or s. 775.084.
123              (b)         A person who willfully, knowingly, and without
124      authorization physically tampers with, inserts a computer
125      contaminant into, or otherwise transmits commands or electronic

                                                       Page 5 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0275-01-c1
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




         CS/HB 275                                                                                            2024




126      communications to, a computer, a computer system, a computer
127      network, or an electronic device that causes a disruption in any
128      service delivered by any critical infrastructure commits a
129      felony of the second degree, punishable as provided in s.
130      775.082, s. 775.083, or s. 775.084.
131              (c)         For purposes of this subsection, the terms "computer,"
132      "computer system," "computer network," and "electronic device"
133      have the same meanings as in s. 815.03.
134              Section 2.         This act shall take effect July 1, 2024.




                                                       Page 6 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                          hb0275-01-c1
       Energy, Communications & Cybersecurity Subcommittee
                     CS/HB 275 by Rep. Canady
               Offenses Involving Critical Infrastructure

                           AMENDMENT SUMMARY
                              January 30, 2024


Amendment 1 by Canady (lines 110-112):

  •   Removes trespassing on a linear asset from the crime of trespass on critical
      infrastructure.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 275   (2024)
      Amendment No. 1




              COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                        (Y/N)
      ADOPTED AS AMENDED             (Y/N)
      ADOPTED W/O OBJECTION          (Y/N)
      FAILED TO ADOPT                (Y/N)
      WITHDRAWN                      (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:       Energy, Communications &
2     Cybersecurity Subcommittee
3     Representative Canady offered the following:
4
5          Amendment
6          Remove lines 110-112 and insert:
7     upon or remains on physical critical infrastructure as to which
8     notice
9




    424909 - h0275- line 110.docx
     Published On: 1/29/2024 5:11:59 PM
                                    Page 1 of 1
HB 927
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 927 Improvements to Real Property
SPONSOR(S): Trabulsy
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                                                 Keating               Keating
     Subcommittee

  2) Ways & Means Committee

  3) State Affairs Committee

                                                        SUMMARY ANALYSIS
In 2010, the Legislature provided specific authority for local governments to create qualifying improvement programs,
commonly referred to as Property Assessed Clean Energy (PACE) programs, to provide up-front financing for certain
qualifying improvements. Under these programs, property owners may apply to the local government for funding to
finance a qualifying improvement and voluntarily enter into a financing agreement with the local government. Qualifying
improvements include energy conservation and efficiency improvements, renewable energy improvements, and wind
resistance improvements to existing facilities. Property owners finance qualifying improvements through a non-ad valorem
assessment on their property. Local governments may offer this program to residential and/or commercial property
owners and may administer the program directly or through a separate administrator.

The bill makes several changes to Florida law governing qualifying improvement programs, including:
   • Clarifying that applicants under a qualifying improvement program approved by a county or municipality for
         residential or commercial properties are limited to the property owners located in that county or municipality.
   • Expanding eligible “qualifying improvements” to include:
              o For residential properties: wastewater improvements, such as advanced onsite sewage treatment and
                  disposal systems and septic-to-sewer conversions, and flood and water damage mitigation
                  improvements, such as structure elevation, seawalls, and other improvements that qualify for reductions
                  in flood insurance premiums.
              o For commercial properties: stormwater and flood resiliency improvements, improvements to achieve a
                  sustainable building rating or compliance with a national model resiliency standard, improvements to
                  achieve wind or flood insurance rate reductions, and wind-resistance improvements on new construction.
   • Requiring the holder or servicer of a mortgage that encumbers an applicant’s property to provide consent:
              o For residential properties: for the applicant to exceed a 97% ratio of property-related debt to the
                  property’s fair market value as determined by a certified residential appraiser.
              o For commercial properties: for the applicant to finance any qualifying improvement through the program.
   • Authorizing the use of a qualifying improvement program to refinance qualifying improvements.
   • Adding new underwriting requirements for residential properties, including, among other things, a determination
         that the property owner is able to repay based on a review of income of all residents at the property.
   • Providing new terms and requirements for residential properties, including:
              o Written and oral disclosure requirements.
              o Maximum terms for financing agreements based on the useful life of financed improvements.
              o A rescission period of 5 business days.
              o Requirements for enrolling, monitoring, suspending, and releasing funds to program contractors.
              o Requirements for program marketing, and a prohibition on kickbacks to contractors.
   • Providing new terms for commercial properties, including:
              o Allowing the property owner to execute a financing agreement before a certificate of occupancy or
                  evidence of completion is issued and allowing for progress payments.
              o Providing terms for the use of qualified improvement programs by “nongovernmental lessees.”
   • Requiring an annual report from each local government that has authorized a qualifying improvement program.

The bill does not have a fiscal impact on state or local government. The bill has an effective date of July 1, 2024.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0927.ECC
DATE: 1/28/2024
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Property Assessed Clean Energy (PACE) Programs

        Generally, Property Assessed Clean Energy (PACE) laws enable local governments to establish
        programs to provide financing for certain qualifying improvements on real property which reduce energy
        consumption and increase energy efficiency. PACE allows individual property owners to contract
        directly with qualified contractors for energy efficiency and renewable energy projects. The local
        government issues revenue bonds and uses the proceeds to provide initial project funding, which
        bonds are repaid by non-ad valorem assessments on participating property owners’ tax bills. PACE
        programs are active in 30 states plus Washington D.C., but only California, Florida, and Missouri offer
        residential PACE programs. 1

        PACE in Florida

        In 2010, the Legislature provided specific authority for local governments to create PACE programs. 2
        The law 3 provides supplemental authority to local governments 4 concerning qualified improvements to
        residential and non-residential real property. The law provides that if a local government authorizes a
        PACE program, property owners may apply to the local government for funding to finance a qualifying
        improvement and voluntarily enter into a financing agreement with the local government. 5 “Qualifying
        improvements” include energy conservation and efficiency improvements, renewable energy
        improvements, and wind resistance improvements to existing facilities. 6

        At least 30 days before entering into the financing agreement, the property owner must provide notice
        to any mortgage holder or loan servicer of the intent to enter into the agreement, the maximum amount
        to be financed, and the maximum annual assessment required to repay the amount. 7 The law provides
        that an acceleration clause for “payment of the mortgage, note, or lien or other unilateral modification
        solely as a result of entering into a financing agreement … is not enforceable.” 8 However, the mortgage
        holder or loan servicer may increase the required monthly escrow by an amount necessary to pay
        annually the qualifying improvement assessment.

        The law authorizes a local government to provide and finance qualifying improvements, levy a non-ad
        valorem assessment to fund a qualifying improvement, incur debt to provide financing for qualifying
        improvements, and collect costs incurred from financing qualifying improvements through a non-ad
        valorem assessment. These non-ad valorem assessments are senior to existing mortgage debt, 9 so if
        the homeowner defaults on their mortgage or goes into foreclosure, the delinquent PACE assessment
        payments may be recovered before the mortgage. Current law also specifies that a PACE program

1 California offers residential PACE financing for improvements related to electric vehicle charging, infrastructure, energy

efficiency, renewable energy, seismic strengthening and water efficiency. Missouri offers PACE financing for
improvements related to energy efficiency and renewable energy. Additionally, Maine offers residential programs without
holding a lien against properties. See PACE Nation, PACE Programs https://www.pacenation.org/pace-programs/ (last
visited Jan, 27, 2024).
2 Ch. 2010-139, Laws of Fla.
3 S. 163.08, F.S.
4 Section 163.08(2)(a), F.S., defines the term “local government” to mean a county, a municipality, a dependent special

district as defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7) (the Florida Interlocal
Cooperation Act).”
5 S. 163.08(4), F.S.
6 S. 163.08(2)(b), F.S.
7 S. 163.08(13), F.S.
8 S. 163.08(15), F.S.
9 See ss. 125.01(1)(r), 170.01 and 170.09, F.S.
STORAGE NAME: h0927.ECC                                                                                               PAGE: 2
DATE: 1/28/2024
        may be administered by a for-profit entity or a not-for-profit organization on behalf of and at the
        discretion of the local government.

        In 2012, the Legislature expanded the definition of “local government” to allow a partnership of local
        governments formed pursuant to the Florida Interlocal Cooperation Act 10 to enter into a financing
        agreement wherein the partnership, as a separate legal entity, imposes the PACE assessment. 11

        Before entering into a financing agreement, the local government must reasonably determine that:
           • All property taxes and other assessments on the property are paid and have not been
               delinquent for the preceding 3 years (or the property owner’s period of ownership, if less than 3
               years);
           • There are no involuntary liens on the property, including, but not limited to, construction liens;
           • No notices of default or other evidence of property-based debt delinquency have been recorded
               during the preceding 3 years (or the property owner’s period of ownership, if less than 3 years);
               and
           • The property owner is current on all mortgage debt on the property. 12

        The total assessment cannot be for an amount greater than 20 percent of the just value of the property
        as determined by the county property appraiser, unless consent is obtained from the mortgage
        holders. 13 Consideration of the property owner’s ability to repay the assessment is not required.

        In Florida, local governments typically have multiple non-exclusive agreements with a number of PACE
        providers. Generally, PACE providers are private companies that administer the local government’s
        PACE program on behalf of the local government and provide funding from private sources. PACE
        providers generally act as the program administrator for special districts created pursuant to an
        interlocal agreement between two or more Florida local governments. Once the PACE district is
        created, additional counties or municipalities may join the special district as members, authorizing the
        PACE provider for the special district to administer PACE programs on behalf of the newly joined
        members. 14 PACE providers generally maintain a list of approved contractors authorized to provide
        qualifying improvements. 15

        For example, Broward County authorizes the following PACE providers: 16
           • Counterpointe Energy Solutions administers a commercial PACE program for the Florida PACE
               Funding District.
           • Berkadia administers a commercial PACE program the Florida Renewable Energy District.
           • CleanFund administers a commercial PACE program for the Florida Renewable Energy District.
           • Dividend Finance administers the “Dividend” Program for the Florida Renewable Energy
               District.
           • FortiFi Financial administers a residential PACE program for the Florida PACE Funding Agency
               District.
           • Greenworks Lending administers a commercial PACE program for the Florida Resiliency and
               Energy District.
           • Lever Energy Capital administers a commercial PACE program for the Florida Resiliency and
               Energy District.


10 S. 163.01(7), F.S.
11 Ch. 2012-117, Laws of Fla.
12 S. 163.08(9), F.S.
13 S. 163.08(12)(a), F.S.
14 See, e.g., Green Corridor Property Assessed Clean Energy (PACE) District Town of Cutler Bay, Florida Financial

Report for the Fiscal Year Ended Sept. 30, 2020, at 13,
https://flauditor.gov/pages/specialdistricts_efile%20rpts/2020%20green%20corridor%20property%20assessment%20clea
n%20energy%20(pace)%20district.pdf (last visited Jan. 27, 2024).
15 See, e.g., Sarasota County, PACE, https://www.scgov.net/government/uf-ifas-extension-and-sustainability/pace (last

visited Jan. 27, 2024).
16 Broward County, Property Assessed Clean Energy (PACE)

https://www.broward.org/Sustainability/Documents/PACEProviderList_2022.pdf (last visited Jan. 27, 2024).
STORAGE NAME: h0927.ECC                                                                                         PAGE: 3
DATE: 1/28/2024
            •   Home Run Financing administers a residential PACE Program for the Florida PACE Funding
                Agency District.
            •   Rahill administers a commercial PACE program for the Florida Resiliency and Energy District.
            •   Renew Financial administers PACE programs under the “RenewPACE” Program (residential
                and commercial) for the Florida Green Finance Authority.
            •   Structured Finance Associates administers a commercial PACE program for the Florida
                Resiliency and Energy District.
            •   Twain Financial Partners administers a commercial PACE program for the Florida Renewable
                Energy District.

        Local governments may choose whether to offer a residential or commercial PACE program, whether
        to administer the program directly or through a third-party PACE provider, or any combination thereof.

        PACE financing interest rates vary but are typically higher than traditional financing. 17 Interest rates and
        fees for a project are set by the PACE provider when the agreement is finalized with the property
        owner. 18

        Federal Housing Finance Agency and Super-Priority Liens

        In 2010, and again in 2014, 19 the Federal Housing Finance Agency (FHFA) directed mortgage
        underwriters Fannie Mae and Freddie Mac not to purchase mortgages of homes encumbered by a first-
        lien PACE loan due to its senior status above a mortgage. Under normal circumstances, real estate lien
        priority is established by the order in which the liens are filed. 20

        According to the FHFA, such super-priority liens increase the risk of losses to taxpayers. Fannie Mae
        and Freddie Mac support the housing finance market by purchasing, guaranteeing, and securitizing
        single-family mortgages. Therefore, mortgages supported by Fannie Mae and Freddie Mac must
        remain in first-lien position, meaning they have first priority in receiving the proceeds from the sale of a
        property in foreclosure. Although FHFA generally supports energy retrofit financing programs, FHFA
        acknowledges that such programs should be structured to ensure protection of the core financing for
        the home. 21




17 The Balance, How PACE Loans Work, https://www.thebalancemoney.com/pace-loans-financing-for-upgrades-4124071

(last visited Jan. 27, 2024).
18 See PACE Broward, Frequently Asked Questions,

https://www.broward.org/Climate/Documents/PACE%20Broward%20FAQ%20Sheet_Update6_09272021.pdf (last visited
Jan. 27, 2024).
19 Federal Housing Finance Agency, FHFA Statement on Certain Energy Retrofit Loan Programs (July, 6, 2010),

http://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Statement-on-Certain-Energy-Retrofit-Loan-Programs.aspx (last
visited Jan. 27, 2024). See also Federal Housing Financial Agency, Statement of the Federal Housing Finance Agency on
Certain Super Priority Liens (December 22, 2014)(“FHFA wants to make clear to homeowners, lenders, other financial
institutions, state officials, and the public that Fannie Mae and Freddie Mac’s policies prohibit the purchase of a mortgage
where the property has a first-lien PACE loan attached to it”) http://www.fhfa.gov/Media/PublicAffairs/Pages/Statement-of-
the-Federal-Housing-Finance-Agency-on-Certain-Super-Priority-Liens.aspx (last visited Jan. 27, 2024).
20 “Real estate liens generally are ordered so that prior liens are paid in foreclosure before liens filed later in time. For

example, a mortgage loan used to buy the property takes priority over a later mortgage loan used to remodel the home.
The earliest and thus highest priority mortgage loan is known as a first lien, while the subsequent mortgage loan is
deemed a second lien. If the homeowner defaults on the second lien loan, the first lien mortgage holder retains the lien
even if the second lien mortgage holder forecloses; however, the converse is not true. Tax assessments are an exception
to this lien priority rule. Generally, unpaid property tax assessments have priority over other liens, regardless of the date
the prior liens were recorded or when the tax assessments became delinquent. This makes the lien priority for PACE
financing senior to liens for mortgage loans closed prior to the homeowner’s acceptance of the PACE financing. In the
case of default by the homeowner on the PACE assessment, local governments and investors in PACE bonds can expect
to collect the balance owed on a PACE assessment before any recovery by a mortgage lender.” Prentiss Cox, Keeping
PACE? The Case Against Property Assessed Clean Energy Financing Programs, 83 U. Colo. L. Rev. 83, 94 (2011),
https://scholarship.law.umn.edu/faculty_articles/549 (last visited Jan. 27, 2024).
21 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 20.
STORAGE NAME: h0927.ECC                                                                                               PAGE: 4
DATE: 1/28/2024
          This restriction has two potential implications for borrowers. First, a homeowner with a first-lien PACE
          loan may not refinance their existing mortgage with a Fannie Mae or Freddie Mac mortgage. Second,
          anyone wanting to buy a home that already has a first-lien PACE loan cannot use a Fannie Mae or
          Freddie Mac loan for the purchase. These restrictions may reduce the marketability of the house or
          require the homeowner to pay off the PACE loan before selling the house. 22

          Additionally, in December 2017, the United States Department of Housing and Urban Development
          announced that the Federal Housing Administration will no longer insure new mortgages on properties
          that include PACE assessments, citing concerns about the potential for increased losses to the Mutual
          Mortgage Insurance Fund resulting from the priority lien status given to such assessments. 23

          Some residential PACE programs are now operating with loan loss reserve funds, appropriate
          disclosures, or other protections meant to address FHFA's concerns. 24 For example, in 2013, California
          created a reserve fund to compensate first mortgage lenders in case of a foreclosure or a forced sale
          attributable to a PACE loan. Additionally, Oklahoma and Vermont have passed legislation to
          downgrade PACE from senior lien to junior lien, and there have been attempts by Congress to revise
          residential PACE programs at the federal level, including the 2014 PACE Assessment Protection Act. 25

          Consumer Protection

          Consumer issues have surrounded the PACE programs from their inception. 26 These include the cost
          of funding, contractor sales techniques (notably, responding to a limited homeowner problem and
          marketing a full house retrofit), rolling the administrative fees for the local government into the PACE
          loan amount, product sales at above market interest rates, workmanship issues, inadequate
          disclosures, and indiscriminate lending regardless of ability to repay. 27 An administrator of residential
          PACE programs in California and Florida recently settled with the Federal Trade Commission and
          California to address complaints that the administrator recruited and authorized contractors, without
          adequate training or oversight, to sell its financing, leading to many consumers being deceived during
          the sales process and being unfairly subjected to liens on their homes without their express, informed
          consent. 28

          In response to these consumer issues, Congress amended the Truth in Lending Act in 2018 to direct
          the Consumer Financial Protection Bureau to implement federal regulations which provide more
          effective consumer protections relating to PACE loans, especially those related to the ability of a
          homeowner to repay the loan. 29

22 Id..
23 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
24 Commercial PACE programs were not directly affected by FHFA’s actions because Fannie Mae and Freddie Mac do

not underwrite commercial mortgages.
25 NCSL, PACE Financing https://www.ncsl.org/research/energy/pace-financing.aspx (last visited April 5, 2023).
26 “PACE loans, offered through home improvement contractors, often in door-to-door sales, and secured by a property

tax lien, are collected through a property tax assessment that takes priority over any existing mortgage. PACE programs
must be authorized by state and local governments, but are privately run with little or no government oversight. Over the
last two years, there has been a sharp increase in homeowners seeking assistance from legal services and other
organizations in relation to PACE loans. The goal of improving home energy efficiency is being overshadowed by the lack
of adequate consumer protection for these loans. Weak PACE loan regulation enables contractors to saddle homeowners
with debt they cannot afford and puts their homes at risk for foreclosure.” National Consumer Law Center, Advocates
Applaud CFPB’s Intention to Deal with PACE Loan Program Abuses (Mar. 4, 2019), https://www.nclc.org/media-
center/advocates-applaud-cfpbs-intention-to-deal-with-pace-loan-program-abuses.html (last visited Jan. 27, 2024).
27 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
28 Federal Trade Commission, FTC, California Act to Stop Ygrene Energy Fund from Deceiving Consumers About PACE

Financing, Placing Liens on Homes Without Consumers’ Consent, https://www.ftc.gov/news-events/news/press-
releases/2022/10/ftc-california-act-stop-ygrene-energy-fund-deceiving-consumers-about-pace-financing-placing-liens (last
visited Jan. 27, 2024).
29 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020). See also Public Law

115–174 (2018), section 307; codified at 15 U.S.C. 1639c(b)(3)(C). and Bureau of Consumer Financial Protection,
Advance Notice of Proposed Rulemaking on Residential Property Assessed Clean Energy Financing, 84 FR 8479 (Mar. 8,
2019).
STORAGE NAME: h0927.ECC                                                                                          PAGE: 5
DATE: 1/28/2024
        The United States Department of Energy maintains “best practice guidelines” for residential PACE
        financing programs, which includes measures relating to:
             • Establishing financial eligibility and verifying property ownership;
             • Confirming property-based debt, tax assessments, and property valuation;
             • Reviewing property owner income and debt obligations;
             • Establishing consumer and lender protections;
             • Establishing property owner education and disclosures;
             • Providing a right to cancel the purchase;
             • Determining appropriate minimum equity requirements and appropriate maximum
                assessments;
             • Providing equipment specifications and energy assessments;
             • Defining the relationship between PACE assessments and mortgage financing;
             • Providing for non-acceleration upon property owner default;
             • Notifying mortgage holders of record; and
             • Addressing the needs and potential vulnerabilities of low-income and elderly households. 30

        Some local governments in Florida have implemented more stringent consumer protections than those
        required by Florida law. 31

        Florida PACE Funding Agency

        The Florida PACE Funding Agency (FPFA) is one of the separate legal entities formed by interlocal
        agreement to impose PACE assessments. It was formed by an interlocal agreement between Flagler
        County and City of Kissimmee. FPFA markets PACE financing statewide 32 and has sued county tax
        collectors to force collection of PACE assessments in jurisdictions that have not agreed to be a part of
        FPFA or even to offer PACE programs. 33 This has led to a pending lawsuit that includes nearly half of
        the counties in the state over local government rights 34 and creates uncertainty for property owners and
        contractors.

        Wastewater Treatment Improvements

        The Florida Department of Environmental Protection provides “Onsite sewage treatment and disposal
        systems (OSTDS), commonly referred to as septic systems, are currently used for wastewater disposal
        by approximately 30% of Florida’s population. With an estimated 2.6 million systems in operation,
        Florida represents 12% of the United States’ septic systems. Proper design, construction, and
        maintenance of systems are important to help protect Florida’s ground water, which provides 90
        percent of Florida’s drinking water.” 35

        There are estimated, however, to be thousands of septic tanks that are old and at risk of failing. 36
        These systems risk leaking phosphorus and nitrogen into the water system, which can promote
        harmful algal blooms, aquatic weeds, and the alteration of the natural fauna and flora. Serious

30 Department of Energy, Best Practice Guidelines for Residential PACE Financing Programs (Nov. 18, 2016),

https://www.energy.gov/sites/prod/files/2016/11/f34/best-practice-guidelines-RPACE.pdf (last visited Jan. 27, 2024).
31 See, e.g., Palm Beach County, Ord. No. 2017-012, Section 6. Disclosure Requirements

https://discover.pbcgov.org/resilience/PDF/PACE_ORDINANCE_2017-012%20-%20ADA%20Compliant.pdf (last visited
Jan. 27, 2024).
32 Florida PACE Funding Agency, https://floridapace.gov/ (last visited Jan. 27, 2024).
33 See C.T. Bowen, PACE sues to restart Hillsborough County loans, Tampa Bay Times, Aug. 23, 2023; Alex Harris,

Florida counties say PACE home loan program needs more consumer protections, Miami Herald, Dec. 20, 2023; Jeff
Burlew, Leon County declares Florida PACE Funding Agency a 'public danger' over home improvement loans,
Tallahassee Democrat, Jul. 19, 2023.
34 Harris, supra note 34.
35 Florida Department of Environmental Protection, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage

(last visited Jan. 27, 2024).
36 Benita Goldstein, Failing septic tanks damaging state’s environment; will cost billions of dollars to replace, South Florida

Sun Sentinel, Apr. 22, 2019.
STORAGE NAME: h0927.ECC                                                                                                PAGE: 6
DATE: 1/28/2024
        algal blooms can also cause human health issues.

        For this reason, there has been a push over time to move from individual septic systems to
        community sewage treatment. Such a transition can cost in the range of $15,000 to $20,000. 37

        Effect of the Bill

        The bill makes several changes to Florida’s PACE law.

        Definitions

        The bill creates and uses the term “qualifying improvement program” to refer to the programs used in
        Florida to finance qualifying improvements and creates definitions for additional terms related to these
        programs, as follows:
            • Qualifying improvement program means a program established by a local government, alone or
                in partnership with other local governments or a program administrator, to finance qualifying
                improvements on residential or commercial real property.
            • Program administrator means an entity, including, but not limited to, a for-profit or not-for-profit
                entity, with which a local government has contracted to administer a qualifying improvement
                program.
            • Residential property means a residential real property composed of four or fewer dwelling units
                which has been or will be improved by a qualifying improvement.
            • Commercial property means real property other than residential property which will be or has
                been improved by a qualifying improvement, including, but not limited to, the following:
                     o A multifamily residential property composed of five or more dwelling units;
                     o A commercial real property;
                     o An industrial building or property;
                     o An agricultural property;
                     o A nonprofit-owned property;
                     o A long-term care facility, including a nursing home or an assisted living facility; or
                     o A government commercial property.
            • Government commercial property means real property owned by a local government and leased
                to a nongovernmental lessee where the usage by the lessee meets the definition of commercial
                property.
            • Nongovernmental lessee means a person or an entity other than a local government which
                leases government commercial property.
            • Qualifying improvement contractor means an independent contractor who has been enrolled
                under a qualifying improvement program to install or otherwise perform work on qualifying
                improvements on residential property which are financed through the program.
            • Facility means all or any portion of a building, structure, or site improvement, element, or
                pedestrian or vehicular route located on a site as defined s. 202 of the 2020 Florida Building
                Code.

        Jurisdictional Limits of Qualifying Improvement Programs

        The bill modifies the definition of “local government” to specify that, in addition to a county, municipality,
        or dependent special district, the term means a separate legal entity created by interlocal agreement
        under s. 163.01(7), F.S., which has jurisdiction only within the boundaries of the participating members
        of the interlocal agreement. Consistent with this change, the bill provides that a local government may,
        by ordinance or resolution, authorize a qualifying improvement program for residential or commercial
        property in that county or municipality and limits applicants to property owners located in that county or
        municipality. These provisions appear to address the issue involving FPFA offering PACE financing
        statewide, including in jurisdictions that have not joined FPFA or that have not offered PACE programs.

        Eligible Qualifying Improvements

37 Terri Lowery, Cities, Counties Need Plan to Switch Septic to Sewer, Florida Today, May 24, 2016..
STORAGE NAME: h0927.ECC                                                                                        PAGE: 7
DATE: 1/28/2024
       The bill amends the definition of “qualifying improvement” to expand the types of projects a
       qualifying improvement program may finance.

       For residential property, the bill adds certain wastewater improvements and flood and water damage
       mitigation and resiliency improvements as qualifying improvements.

       Wastewater improvements include:
         • Removing, replacing or improving an onsite sewage treatment and disposal system with a
             secondary or advanced onsite sewage treatment and disposable system or technology;
         • Replacing or converting an onsite sewage and disposal system to a central sewerage system or
             distributed sewerage system; and
         • Removing, repairing, or modifying an onsite sewage treatment and disposal system.

       Residential flood and water damage mitigation and resiliency improvements include:
          • Raising a structure above the base flood elevation to reduce flood damage;
          • Constructing a flood diversion apparatus or seawall improvement that includes seawall repairs
             and seawall replacements;
          • Purchasing flood-damage-resistant building materials;
          • Making electrical, mechanical, plumbing, or other system improvements that reduce flood
             damage; or
          • Making other improvements that qualify for reductions in flood insurance premiums.

       For commercial property, the bill adds the following as qualifying improvements:
           • Energy conservation and efficiency improvements necessary to achieve a sustainable building
              rating or compliance with a national model green building code; and
           • Resiliency improvements, including creation or improvement of stormwater and flood resiliency
              (including shoreline improvements) and any other improvements: (a) necessary to achieve a
              sustainable building rating or compliance with a national model resiliency standard; or (b) made
              to achieve wind or flood insurance rate reductions, including building elevation.

       Other Uses for PACE Financing

       The bill expands the authorized uses of PACE financing. First, the bill adds that PACE financing may
       be used to refinance qualifying improvements on any eligible property. Second, the bill authorizes new
       uses for PACE financing on commercial property, including wind resistance improvements on property
       under new construction and improvements by nongovernmental lessees to government commercial
       property. The bill provides that a financing agreement for government commercial property must be
       executed by the nongovernmental lessee with the written consent of the governmental lessor, with
       evidence of this consent provided to the local government operating the qualifying improvement
       program. A financing agreement with the nongovernmental lessee must provide that the lessee is the
       only party obligated to pay the assessment.

       The bill authorizes a local government or program administrator that offers PACE financing program for
       residential properties to finance qualifying improvements of up to $750,000 on commercial properties.
       This provision appears to allow program administrators to offer PACE financing in certain
       circumstances to commercial properties where the local government may not have approved a
       commercial PACE financing program. The bill provides that such financing requires the use of generally
       accepted underwriting criteria for businesses.

       Eligibility Requirements for PACE Financing

       The bill provides that a financing agreement for a residential property may not be approved unless the
       local government or program administrator acting on its behalf determines that, based on a review of
       public records derived from a commercially accepted source and statements and records of the
       property owner or credit reports, the following conditions, in addition to those specified in current law,
       have been met:
STORAGE NAME: h0927.ECC                                                                                    PAGE: 8
DATE: 1/28/2024
            •    The property owner agrees to receive in writing the disclosure statements required by the bill,
                 as described below.
            •    The property is within the geographic boundaries of the applicable qualifying improvement
                 program.
            •    The term of the financing agreement does not exceed:
                      o For a single qualifying improvement, the estimated useful life 38 of the qualifying
                          improvement.
                      o For multiple qualifying improvements, the lesser of (a) thirty years or (b) the greater of
                          either the weighted average estimated useful life of all qualifying improvements being
                          financed or the estimated useful life of the qualifying improvements to which the greatest
                          portion of funds is disbursed.
            •    The property owner is not currently the subject of bankruptcy proceedings.
            •    The property is not subject to an existing home equity conversion mortgage or reverse
                 mortgage product.
            •     The property is not a residential property gifted to a homeowner for free by a nonprofit entity as
                 may be disclosed by the property owner. The failure of a property owner to disclose the gift
                 does not invalidate a financing agreement or any obligation thereunder.
            •    If the improvement is for solar energy, the property owner has obtained estimates from at least
                 two unaffiliated, competitive entities, one of which is a qualifying improvement contractor, for the
                 qualifying improvement to be financed. 39
            •    The local government or program administrator, as applicable, has asked if the property owner
                 has obtained or sought to obtain additional qualifying improvements on the same property that
                 have not yet been recorded. 40

        The bill provides that a financing agreement for a commercial property may not be approved unless the
        local government or program administrator acting on its behalf determines that, based on a review of
        public records derived from a commercially accepted source and statements and records of the
        property owner, the following conditions, in addition to those specified in current law, have been met:
            • Delinquency in payment of property taxes or other assessments on a property during the
                preceding 3 years do not preclude the use of PACE financing if such taxes and assessments
                are current.
            • Involuntary liens on a property do not preclude the use of PACE financing if not greater than
                $10,000.
            • Recorded notices of default or other evidence of property-based debt delinquency during the
                preceding 3 years do not preclude use of PACE financing if released during that time.

        Further, the bill requires that, prior to entering into a financing agreement with a commercial property
        owner, the local government must have the written consent of the current holders or servicers of any
        mortgage that encumbers or is otherwise secured by the property (or that will be secured by the
        property at the time the financing agreement is executed by the local government). The bill provides an
        exception for commercial properties that finance qualifying improvements under $750,000 through a
        residential PACE program as allowed under the bill.

        Ability to Repay for Residential Property Owners

        The bill requires that, prior to approval of financing for a qualifying improvement on residential property,
        the local government or program administrator must determine that the property owner has the ability to
        pay the annual non-ad valorem assessment for the qualifying improvement. To make this
        determination, the local government or program administrator must review only the property owner's
        household income, which must demonstrate that the total estimated annual payment amount for all

38 The bill provides that the useful life of a qualifying improvement must be established third-party standards, including

certification criteria from government agencies or nationally recognized standards and testing organizations.
39 The bill provides the property owner may waive this requirement in writing.
40 The bill provides that the failure of a property owner to disclose this information does not invalidate a financing

agreement or any obligation thereunder, even if the total financed amount of the qualifying improvement exceeds the
amount that would otherwise be authorized.
STORAGE NAME: h0927.ECC                                                                                                PAGE: 9
DATE: 1/28/2024
        PACE financing agreements on the property do not exceed 10 percent of the property owner’s annual
        household income. In reviewing household income, the local government or program administrator:
           • When determining household income, may include the income of any persons who reside on
              the property but who are not property owners.
           • May consider statements by the property owner.
           • May not consider the equity in the property that will secure the non-ad valorem assessment.
           • May confirm income by use of any of the following:
                  o Information or income models gathered from or prepared by reputable third parties
                      which provide commercially acceptable evidence of the property owner’s household
                      income;
                  o Federal and state tax returns;
                  o Statements prepared by a certified public accountant;
                  o Bank statements;
                  o Credit reports;
                  o Retirement accounts;
                  o Social security statements;
                  o Trust documents; or
                  o Any other reputable source of financial information.

        The bill provides that if a court or tribunal determines by clear and convincing evidence that the
        determination of a property owner’s ability to repay was not “objectively reasonable” based on
        information provided by the property owner, the annual assessment must be reduced by an amount
        that is within the property owner’s ability to repay. Under the bill, the court’s determination does not
        reduce the total amount owed on the assessment.

        The bill provides that if ownership of a residential property is vested in a corporate entity or form and
        the estimated amount of financing is less than $750,000, the local government or program
        administrator, as applicable, must use generally accepted underwriting criteria for businesses if
        household income is not applicable

        Debt-to-Value Limitations on PACE Assessments for Residential Property Owners

        Under current law, the total amount of any PACE assessment on residential property may not exceed
        20 percent of a property’s just value, without consent of the holder or servicer of a mortgage secured by
        a property. The bill replaces the “just value” standard in current law41 with a “fair market value”
        standard. The bill requires that fair market value be determined using third-party valuations based on
        reputable methodologies.

        The bill further provides that, for residential property, the combined mortgage-related debt and the total
        amount of any PACE assessments on the property may not exceed 97 percent of the property’s fair
        market value, absent consent of the holder or servicer of a mortgage secured by the property.
        However, this limit can be exceeded if a property owner fails to disclose whether other PACE
        assessments have already been recorded, or funded but no yet recorded, on the property.

        Disclosures to Residential Property Owners

        The bill requires that local government or program administrator, as applicable, to develop a written
        disclosure form that must be provided to a residential property owner before executing a financing
        agreement. This disclosure may be presented to the property owner in electronic format and must
        contain the following key terms:
            • A description of the qualifying improvement;
            • The estimated total financed amount, including the cost of the qualifying improvement, ancillary
                work, program fees, and prepaid interest, if any;
            • The annual non-ad valorem assessment process and estimated annual payment schedule;
            • The estimated amount of the annual non-ad valorem assessment;

41 Under current law, “just value” is the value of the property as determined by the county property appraiser.
STORAGE NAME: h0927.ECC                                                                                           PAGE: 10
DATE: 1/28/2024
           •   The term of the total financed amount;
           •   The interest rate for the financed amount;
           •   The estimated annual percentage rate;
           •   The total estimated annual costs that the residential property owner will be required to pay
               under the assessment contract, including program fees;
           •   The total estimated average monthly equivalent of funds the residential property owner would
               have to save per month in order to pay the annual costs of the non-ad valorem assessment,
               including program fees;
           •   The estimated date when the residential property owner's first property tax payment that
               includes the non-ad valorem assessment, will be due.

       The bill provides that when a change order or proposed change order on a project significantly
       increases the cost or significantly expands the scope of the original project, the local government or
       program administrator, as applicable, must notify the property owner, confirm the change with the
       property owner, and provide an updated written disclosure form.

       The bill requires that the written disclosure form must also contain the following statements, which must
       be individually acknowledged in writing by the residential property owner :
           • "I understand that if I sell or refinance the property, I may be required to pay off the outstanding
               financed amount as a condition of the sale or the refinance of the property." (This disclosure
               must be made in at least 24-point, bold font.)
           • "I understand that the annual non-ad valorem assessment will be paid when property taxes are
               paid and will result in a lien being placed on my property."
           • "I understand that the annual non-ad valorem assessment will be added to my property tax bill
               and that if I pay my property taxes through my mortgage payment using an escrow account, I
               must notify my mortgage lender."
           • "I understand that if I fail to pay the annual non-ad valorem assessment, I may incur penalties
               and fees and the local government may issue a tax certificate that might result in the loss of my
               property."
           • “I understand that any potential utility or insurance savings are not guaranteed and will not
               reduce the annual non-ad valorem assessment or total assessment amount.”
           • "I understand that I have 5 days to cancel the financing agreement and that this 5-day period
               expires at midnight on the 5th business day after I sign the agreement."
           • “I understand that the local government, program administrator, or qualifying improvement
               contractor does not provide tax advice and that I should seek professional tax advice if I have
               questions regarding tax credits, tax deductibility, or other tax impacts of the qualifying
               improvement or the assessment contract.
           • "I understand that I cannot be assessed a penalty if I prepay the outstanding financed amount."

       The bill provides that the local government or program administrator, before a notice to proceed is
       issued on residential property, must conduct an oral, recorded telephone call with at least one property
       owner or an authorized representative. The program administrator must ask the property owner or
       authorized representative if he or she would like to communicate primarily in a language other than
       English and must use plain language. On the telephone call, the local government or program
       administrator must confirm all of the following with the property owner or authorized representative:
           • That at least one property owner has access to a copy of the financing agreement and financing
               estimates and disclosures.
           • The qualifying improvements being financed.
           • The total estimated annual costs that the property owner will have to pay under the financing
               agreement, including program fees.
           • The total estimated average monthly equivalent amount of funds the property owner would have
               to save in order to pay the annual costs of the assessment, including program fees.
           • The estimated due date for the property owner's first property tax payment that includes the
               assessment.
           • The term of the financing agreement.

STORAGE NAME: h0927.ECC                                                                                  PAGE: 11
DATE: 1/28/2024
            •   That payments for the financing agreement will cause the property owner's annual property tax
                bill to increase, and that payments will be made through an additional annual non-ad valorem
                assessment on the property and either will be paid directly to the county tax collector's office as
                part of the total annual secured property tax bill or may be paid through the property owner's
                mortgage escrow account.
            •   That the property owner has disclosed whether he or she has received or is seeking additional
                non-ad valorem assessments funded under this program, and that the owner has disclosed all
                other such assessments which are or are projected to be placed on the property.
            •   That the property will be subject to a lien during the term of the financing agreement and that
                the obligations under the agreement may be required to be paid in full before the property owner
                sells or refinances the property.
            •   That any potential utility or insurance savings are not guaranteed and will not reduce the annual
                non-ad valorem assessment or total assessment amount.
            •   That the local government, program administrator, or qualifying improvement contractor does
                not provide tax advice, and the property owner should seek professional tax advice if he or she
                has questions regarding tax credits, tax deductibility, or other tax impacts of the qualifying
                improvement or the financing agreement.

        The local government or program administrator may not leave a voicemail to satisfy this requirement.

        Financing Agreements

        The bill limits the term of a financing agreement for a single qualifying improvement to the estimated
        useful life 42 of the improvement. For multiple qualifying improvements, the term of a financing
        agreement is limited to the lesser of: (1) 30 years; or (2) the greater of either the weighted average
        estimated useful life of all qualifying improvements being financed or the estimated useful life of the
        qualifying improvements to which the greatest portion of funds is disbursed.

        The bill prohibits a financing agreement on residential property from including a negative amortization
        schedule, 43 a balloon payment, or prepayment fees other than nominal administrative costs.

        The bill allows a residential property owner to cancel a financing agreement, without any financial
        penalty from the program administrator, within 5 business days after signing the financing agreement.
        The bill provides for relief to such property owners if a contractor has begun work on, or delivered
        chattel or fixtures to, the property when the property owner has exercised timely its right to cancel the
        financing agreement. The bill provides that a printed or electronic cancellation form must be provided to
        the property owner no later than the time the property owner signs the financing agreement which
        allows the property owner to cancel the agreement.

        For qualifying improvements to commercial property, the bill provides that a financing agreement may
        be executed before a certificate of occupancy or similar evidence of substantial completion of new
        construction or improvement is issued. Further, the bill provides that progress payments, or payments
        made before completion, are allowed for commercial property if the property owner, upon request for a
        final progress payment, subsequently provides written verification that the qualifying improvements are
        completed and operating as intended.

        Qualifying Improvement Contractors

        The bill establishes terms for the enrollment and oversight of qualifying improvement contractors by the
        local governments or program administrator, as applicable. These provisions apply only with respect to
        improvements to residential property.


42 The bill provides that the local government or program administrator, as applicable, shall determine the useful life of a

qualifying improvement using established third-party standards, including certification criteria from government agencies
or nationally recognized standards and testing organizations.
43 The bill provides that capitalized interest included in the original balance of the assessment financing agreement does

not constitute negative amortization.
STORAGE NAME: h0927.ECC                                                                                              PAGE: 12
DATE: 1/28/2024
       Before enrolling a contractor to install qualifying improvements, the bill provides that a local government
       or program administrator, as applicable, must make a reasonable effort to review that the contractor
       maintains in good standing an appropriate license from the state, if applicable, as well as any other
       permit, license, or registration required for engaging in business in the jurisdiction in which he or she
       operates and that the contractor maintains all state-required bond and insurance coverage. Each local
       government or program administrator must also obtain the contractor's written agreement that the
       contractor will act in accordance with all applicable laws, including applicable advertising and marketing
       laws and rules.

       The bill further provides that each local government or program administrator must maintain a process
       to enroll new contractors which includes reasonable review of the following for each contractor: relevant
       work or project history; financial and reputational background checks; and status on the Better
       Business Bureau online platform or another online platform that tracks contractor reviews. Each local
       government or program administrator must also establish and maintain a process for monitoring
       qualifying improvement contractors with regard to performance and compliance with program policies
       and must implement policies for suspending, reinstating, and terminating qualifying improvement
       contractors based on violations of program policies or unscrupulous behavior.

       The bill prohibits a program administrator, either directly or through an affiliate, from becoming enrolled
       as a qualifying improvement contractor.

       Before disbursing funds to a contractor for a qualifying improvement on residential property, the local
       government or program administrator must first confirm that the applicable work or service has been
       completed and that the final permit for the qualifying improvement has been closed with all permit
       requirements satisfied.

       The bill prohibits a local government or program administrator from disclosing to a qualifying
       improvement contractor or to a third party engaged in soliciting assessment contracts the maximum
       financing amount for which a residential property owner is eligible. Program administrators are also
       prohibited from providing a qualifying improvement contractor with any payment, fee, or kickback in
       exchange for referring financing business relating to a specific financing agreement on residential
       property. The bill provides, however that a local government or program administrator may provide
       information or services to a qualifying improvement contractor to facilitate the installation of a qualifying
       improvement for a property owner.

       The bill prohibits a qualifying improvement contractor from providing a different price for a qualifying
       improvement financed under a qualifying improvement program than the contractor would otherwise
       reasonably provide if the qualifying improvement was not being financed through a financing
       agreement under a qualifying improvement program.

       Qualifying Improvement Program Marketing to Residential Property Owners

       The bill prohibits local governments, program administrators, or qualifying improvement contractors, or
       any third party engaged in marketing on behalf of these entities, from representing to residential
       property owners:
          • That non-ad valorem assessment under a qualifying improvement program is a government
               assistance program;
          • That qualifying improvements are free or that financing related to a non-ad valorem assessment
               under a qualifying improvement program is free or provided at no cost;
          • That the financing of a qualifying improvement under a qualifying improvement program does
               not require the property owner to repay the financial obligation; or
          • The tax deductibility of a non-ad valorem assessment under a qualifying improvement program.

       The bill provides that a qualifying improvement contractor may not advertise the availability of financing
       agreements for or solicit residential property owners on behalf of the local government or program
       administrator unless:
STORAGE NAME: h0927.ECC                                                                                     PAGE: 13
DATE: 1/28/2024
           •   The qualifying improvement contractor or third party maintains the appropriate registration or
               certification from the Construction Industry Licensing Board or any other permit, license, or
               registration required to conduct business in the jurisdiction in which it operates and provides
               proof of having the required bond and insurance coverage amounts; and
           •   The local government or program administrator, as applicable, obtains the qualifying
               improvement contractor's or third party's written agreement that the qualifying improvement
               contractor or third party will comply with applicable laws and rules and qualifying improvement
               program policies and procedures, including those on advertising and marketing.

       The bill provides that a local government or program administrator may reimburse a qualifying
       improvement contractor or third party for its expenses in advertising and marketing campaigns and
       materials.

       Under the bill, a program administrator may not provide any direct cash payment or other thing of
       material value to a residential property owner explicitly conditioned upon the property owner entering
       into a financing agreement. However, a local government or program administrator may offer programs
       or promotions that provide reduced fees or interest rates if the reduced fees or interest rates are
       reflected in the financing agreements and are not provided to the property owners as cash
       consideration.

       Annual Report for Residential PACE Programs

       The bill requires each local government that has authorized a qualifying improvement program for
       residential properties to post on its website, by April 1 of each year, an annual report for the previous
       calendar year. Each annual report must include the following information:
           • The number of qualifying improvements funded.
           • The aggregate, average, and median dollar amounts of annual non-ad valorem assessments
               and the total number of non-ad valorem assessments that funded qualifying improvements.
           • The percentage, number, and dollar value of non-ad valorem assessments that funded
               qualifying improvements, aggregated by the category types consisting of energy efficiency,
               renewable energy, wind resistance, residential property wastewater, commercial property
               resiliency, and other commercial property qualifying improvements.
           • The number of defaulted non-ad valorem assessments, including the total number and
               defaulted amount, the number and dates of missed payments, the total number of parcels in
               default and the years in default, and the percentage of defaults by total assessments.
           • A summary of all reported complaints received by the local government and its program
               administrators related to authorized qualifying improvements programs, including the resolution
               of each complaint.
           • The estimated number of jobs created.
           • The number and percentage of homeowners 60 years of age or older participating in a
               qualifying improvement program.

       Other Provisions

       The bill provides that a local government, in any contract with a program administrator, must include the
       right to perform annual review of the program administrator to confirm compliance with qualifying
       improvement programs for residential properties. Upon a determination that a program administrator
       has committed a substantial violation, the local government must provide notice to the program
       administrator and place the program administrator in a probationary program.

       The bill requires a local government or program administrator to conduct regular reviews of contractors
       to confirm ongoing compliance with the law governing PACE contractors. Upon a determination that a
       contractor has committed a substantial violation, the local government or program administrator must
       provide notice to the contractor and place the contractor in a probationary program.



STORAGE NAME: h0927.ECC                                                                                  PAGE: 14
DATE: 1/28/2024
        The bill updates disclosures required by sellers of real property for which a non-ad valorem assessment
        has been levied under a qualifying improvement program to reflect the additional types of qualifying
        improvements authorized by the bill.

        The bill provides that a notice of lien for the full amount of the financing may be recorded in the public
        records of the county where the property is located and that the lien is not enforceable in a manner that
        results in the acceleration of the remaining nondelinquent unpaid balance under the financing
        agreement.

        The bill provides that an assessment on commercial property for a qualifying improvement is subject to
        a maximum annual fee of 1 percent of the annual assessment collected or $5,000, whichever is less.
        Current law caps such fees at the actual cost of collection, not to exceed 2 percent of the amount
        collected. 44

        The bill requires program administrators to develop and implement policies and procedures for
        responding to, tracking, and helping to resolve questions and residential property owner complaints.

    B. SECTION DIRECTORY:
        Section 1. Amends s. 163.08, F.S., relating to supplemental authority for improvements to real
        property.

        Section 2. Provides an effective date of July 1, 2024.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            None.

        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        To the extent that a local government or program administrator does not already impose measures
        similar to those in the bill, the bill may impose costs on qualifying improvement program administrators.
        However, by expanding eligible uses for PACE financing, the bill may result in expanded use of PACE
        financing, and, in turn, program administrators may earn additional revenues on PACE loans.

    D. FISCAL COMMENTS:
        None.



44 Ss 197.3632(8)(c) and 192.091(2)(b), F.S.
STORAGE NAME: h0927.ECC                                                                                   PAGE: 15
DATE: 1/28/2024
                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not authorize or require rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Ability to Repay

       To determine a property owner’s ability to repay a PACE assessment, the bill requires a determination
       that the total annual payment for all PACE assessments on a property does not exceed 10 percent of
       the property owner’s household income. This determination does not account for the property owner’s
       household expenses and other debt obligations, thus may not provide an accurate evaluation of a
       property owner’s ability to repay a PACE assessment while meeting those expenses and debt
       obligations.

       The bill allows the income of all persons who reside on a property, including persons with no ownership
       interest in the property, to be taken into account in determining the property owner’s income for
       purposes of determining ability to repay. Persons with no ownership interest in the property, including
       minor children, are not responsible for repayment.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h0927.ECC                                                                                  PAGE: 16
DATE: 1/28/2024
F   L     O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 927                                                                                                2024




    1                                         A bill to be entitled
    2               An act relating to improvements to real property;
    3               amending s. 163.08, F.S.; revising legislative
    4               findings and intent; defining terms and revising
    5               definitions; authorizing a residential or commercial
    6               property owner to apply to a qualifying improvement
    7               program for funding to finance an improvement and to
    8               enter into a financing agreement with the local
    9               government, subject to a local government ordinance or
10                  resolution regarding the program; requiring the local
11                  government to include in certain contracts the righ t
12                  to perform annual reviews of the program
13                  administrator; providing certain consequences for a
14                  substantial violation by a program administrator;
15                  authorizing a local government to incur debt for the
16                  purpose of providing financing for qualifying
17                  improvements; authorizing a local government to enter
18                  into a financing agreement with the property owner to
19                  finance or refinance a qualifying improvement;
20                  providing that the financing agreement for government
21                  commercial property must meet specified conditions;
22                  revising and specifying public recording requirements
23                  for assessment financing agreements and notices of
24                  lien; providing that a financing agreement for a
25                  residential property may not be approved unless the

                                                        Page 1 of 43

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0927-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 927                                                                                                2024




26               local government, or the program administrator acting
27               on its behalf, determines that certain conditions are
28               met; providing that a financing agreement for a
29               commercial property may not be approved unless the
30               local government, or the program administrator acting
31               on its behalf, reasonably determines that specified
32               conditions have been met; requiring the local
33               government or program administrator to use specified
34               information and records to determine whether the
35               property owner has the ability to pay the annual non-
36               ad valorem assessment; authorizing the local
37               government or program administrator to consider
38               certain evidence and the statements by the property
39               owner regarding his or her income in confirming the
40               property owner's ability to pay; authorizing a
41               reduction in the annual assessment payment under
42               certain circumstances; providing that a property
43               owner's failure to disclose certain information does
44               not invalidate a financing agreement; requiring the
45               use of generally accepted underwriting criteria for
46               businesses in determining a property owner's ability
47               pay, under certain circumstances; specifying certain
48               requirements for a local government or program
49               administrator that offers a qualifying improvement
50               program for residential properties; requiring the

                                                     Page 2 of 43

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0927-00
F   L   O   R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 927                                                                                                2024




51               local government or program administrator to perform
52               certain tasks if a change order or proposed change
53               order significantly impacts an improvement project in
54               certain ways; requiring the local government or
55               program administrator to include certain statements in
56               a written disclosure form to the property owner, which
57               the property owner must agree to in writing; requiring
58               the local government or program administrator to
59               provide a printed electronic cancellation form to the
60               residential property owner by a certain date;
61               requiring an oral, recorded telephone call with the
62               residential property owner to review the details of
63               the financing agreement; authorizing a residential
64               real property owner, under certain circumstances and
65               within a certain timeframe, to cancel a financing
66               agreement without financial penalty; providing that
67               certain contracts are unenforceable and prohibiting a
68               qualifying improvement contractor from initiating work
69               under such contracts; specifying certain requirements
70               if a qualifying improvement contractor initiates work
71               on a residential property under an unenforceable
72               contract; providing a procedure that must be followed
73               if a qualifying improvement contractor has delivered
74               chattel or fixtures to a residential property pursuant
75               to an unenforceable contract; authorizing a

                                                     Page 3 of 43

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0927-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




 76               residential property owner to retain such chattel or
 77               fixtures in a certain circumstance; providing that an
 78               otherwise unenforceable contract is enforceable under
 79               certain circumstances; prohibiting wind-resistance
 80               improvements in certain buildings or facilities in a
 81               financing agreement between a local government and a
 82               residential property owner; authorizing the execution
 83               of a financing agreement for qualifying improvements
 84               before the issuance of a certain certificate or
 85               certain evidence; authorizing progress payments before
 86               completion of a qualifying improvement on a commercial
 87               property if the property owner provides certain
 88               information; providing that a financing agreement with
 89               a commercial property owner may cover resiliency
 90               improvements in certain buildings or facilities
 91               requiring certain work to be performed by properly
 92               certified or registered contractors; revising the
 93               limit for a residential property's combined mortgage-
 94               related debt and total non-ad valorem assessments
 95               funded; providing construction; requiring the local
 96               government or program administrator to have received
 97               the written consent of the holders or loan servicers
 98               of certain mortgages at a specified time; requiring
 99               the property owner to provide written notice within a
100               specified timeframe to the holders or servicers of any

                                                      Page 4 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




101               existing mortgages; revising the seller's disclosure
102               statements for residential and commercial properties
103               offered for sale which have assessments on them for
104               qualifying improvements; prohibiting certain items in
105               a financing agreement for residential property;
106               prohibiting a local government or program
107               administrator from enrolling a qualifying improvement
108               contractor that contracts with residential property
109               owners to install qualifying improvements unless
110               certain conditions are met; requiring a local
111               government or program administrator to maintain a
112               process to enroll new qualifying improvement
113               contractors which includes certain factors; requiring
114               the local government or program administrator to
115               monitor qualifying improvement contractors and enforce
116               certain sanctions on unscrupulous behavior;
117               prohibiting a program administrator from being
118               enrolled as a qualifying improvement contractor;
119               requiring the local government or program
120               administrator to confirm that certain work or service
121               has been completed before disbursing final funds to
122               the contractor; prohibiting a local government or
123               program administrator from disclosing maximum
124               financing amounts to certain persons; requiring that,
125               in communicating with residential property owners, the

                                                      Page 5 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




126               local government, program administrator, or qualifyin g
127               improvement contractor comply with certain marketing
128               and communications guidelines; prohibiting such
129               entities from certain communication and making certain
130               statements; prohibiting a qualifying improvement
131               contractor from advertising the availability of
132               assessment financing agreements unless certain
133               exceptions apply; prohibiting a local government or
134               program administrator from providing certain payments,
135               fees, or kickbacks; authorizing a local government or
136               program administrator to provide information or
137               services to a qualifying improvement contractor to
138               facilitate certain installations; authorizing a local
139               government or program administrator to reimburse a
140               qualifying improvement contractor or third party for
141               certain expenses; prohibiting a local government or
142               program administrator from providing certain financial
143               information to a qualifying improvement contractor;
144               prohibiting a qualifying improvement contractor from
145               providing certain prices for a qualifying improvement;
146               prohibiting a local government or program
147               administrator from providing any cash payment or
148               anything of material value to a residential property
149               owner which is explicitly conditioned on a financing
150               agreement; authorizing a local government or program

                                                      Page 6 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




151               administrator to offer certain programs or promotions;
152               requiring a local government or program administrator
153               to conduct regular reviews of qualifying improvement
154               contractors to confirm their compliance with
155               requirements; requiring each local government and
156               program administrator to develop and implement certain
157               policies and procedures; requiring a local government
158               that has authorized a residential program to post on
159               its website an annual report; specifying requirements
160               for the report; authorizing a local government or
161               program administrator that offers a qualifying
162               improvement program for residential property to
163               finance improvements on commercial property if certain
164               requirements are met; deleting construction; providing
165               an effective date.
166
167      Be It Enacted by the Legislature of the State of Florida:
168
169               Section 1.        Section 163.08, Florida Statutes, is amended to
170      read:
171               163.08      Supplemental authority for improvements to real
172      property.—
173               (1)(a)      In chapter 2008-227, Laws of Florida, the
174      Legislature amended the energy goal of the state comprehensive
175      plan to provide, in part, that the state shall reduce its energy

                                                      Page 7 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




176      requirements through enhanced conservation and efficiency
177      measures in all end-use sectors and reduce atmospheric carbon
178      dioxide by promoting an increased use of renewable energy
179      resources. That act also declared it the public policy of the
180      state to play a leading role in developing and instituting
181      energy management programs that promote energy conservation,
182      energy security, and the reduction of greenhouse gases. In
183      addition to establishing policies to promote the use of
184      renewable energy, the Legislature provided for a schedule of
185      increases in energy performance of buildings subject to the
186      Florida Energy Efficiency Code for Building Construction. In
187      chapter 2008-191, Laws of Florida, the Legislature adopted new
188      energy conservation and greenhouse gas reduction comprehensive
189      planning requirements for local governments. In the 2008 general
190      election, the voters of this state approved a constitutional
191      amendment authorizing the Legislature, by general law , to
192      prohibit consideration of any change or improvement made for the
193      purpose of improving a property's resistance to wind damage or
194      the installation of a renewable energy source device in the
195      determination of the assessed value of residential real
196      property.
197               (b)         The Legislature finds that all energy-consuming-
198      improved properties that are not using energy conservation
199      strategies contribute to the burden affecting all improved
200      property resulting from fossil fuel energy production. Improved

                                                      Page 8 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




201      property that has been retrofitted with energy-related
202      qualifying improvements receives the special benefit of
203      alleviating the property's burden from energy consumption. All
204      improved properties not protected from wind damage by wind
205      resistance qualifying improvements contribute to the burden
206      affecting all improved property resulting from potential wind
207      damage. An improved commercial property constructed or that has
208      been retrofitted with qualifying improvements and an improved
209      residential property retrofitted with wind resistance qualifying
210      improvements receive receives the special benefit of reducing
211      the properties' property's burden from potential wind damage.
212      Further, the installation and operation of qualifying
213      improvements not only benefit the affected properties for whi ch
214      the improvements are made, but also assist in fulfilling the
215      goals of the state's energy and hurricane mitigation policies.
216      Residential properties that do not use advanced technologies for
217      wastewater removal contribute to the water quality problems
218      affecting this state, particularly in coastal areas. Improved
219      residential property that has been retrofitted with an advanced
220      onsite sewage treatment and disposal system or that has been
221      converted to central sewerage significantly improves the quality
222      of water that may enter streams, lakes, rivers, aquifers, or
223      coastal areas.
224               (c)         In order to make qualifying improvements more
225      affordable and assist property owners who wish to undertake such

                                                      Page 9 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




226      improvements, the Legislature finds that there is a compelling
227      state interest in enabling property owners to voluntarily
228      finance such improvements with local government assistance.
229               (d)(c)        The Legislature determines that the actions
230      authorized under this section, including, but not limited to,
231      the financing of qualifying improvements through the execution
232      of financing agreements and the related imposition of voluntary
233      assessments are reasonable and necessary to serve and achieve a
234      compelling state interest and are necessary for the prosperity
235      and welfare of the state and its property owners and
236      inhabitants.
237               (2)         As used in this section, the term:
238               (a)         "Commercial property" means real property, other than
239      residential property, which will be or has been improved by a
240      qualifying improvement. The term includes, but is not limite d
241      to, the following:
242               1.      A multifamily residential property composed of five or
243      more dwelling units;
244               2.      A commercial real property;
245               3.      An industrial building or property;
246               4.      An agricultural property;
247               5.      A nonprofit-owned property;
248               6.      A long-term care facility, including a nursing home or
249      an assisted living facility; or
250               7.      A government commercial property.

                                                      Page 10 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




251               (b)         "Facility" means all or any portion of a building,
252      structure, or site improvement, element, or pedestrian or
253      vehicular route located on a site as defined in s. 202 of the
254      2020 Florida Building Code.
255               (c)         "Government commercial property" means real property
256      owned by a local government and leased to a nongovernmental
257      lessee when the usage by the lessee meets the definition of
258      commercial property.
259               (d)(a)        "Local government" means a county, a municipality,
260      a dependent special district as defined in s. 189.012, or a
261      separate legal entity created pursuant to s. 163.01(7) which has
262      jurisdiction only within the boundaries of the participating
263      members of an interlocal agreement.
264               (e)         "Nongovernmental lessee" means a person or an entity
265      other than a local government which leases government commercial
266      property.
267               (f)         "Program administrator" means an entity, including,
268      but not limited to, a for-profit or not-for-profit entity, with
269      which a local government has contracted to administer a
270      qualifying improvement program.
271               (g)         "Qualifying improvement contractor" means an
272      independent contractor who has been enrolled under a qualifying
273      improvement program to install or otherwise perform work on
274      qualifying improvements on residential property which are
275      financed through the program.

                                                      Page 11 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




276               (h)         "Qualifying improvement program" means a program
277      established by a local government, alone or in partnership with
278      other local governments or a program administrator, to finance
279      qualifying improvements on residential or commercial real
280      property.
281               (i)(b)        "Qualifying improvement": improvement"
282               1.      For residential property, includes any:
283               a.1.        Energy conservation and efficiency improvement, which
284      is a measure to reduce consumption through conservation or a
285      more efficient use of electricity, natural gas, propane, or
286      other forms of energy on the property, including, but not
287      limited to, air sealing; installation of insulation;
288      installation of energy-efficient heating, cooling, or
289      ventilation systems; building modifications to increase the use
290      of daylight; replacement of windows; installation of energy
291      controls or energy recovery systems; installation of electric
292      vehicle charging equipment; and installation of efficient
293      lighting equipment.
294               b.2.        Renewable energy improvement, which is the
295      installation of any system in which the electrical, mechanical,
296      or thermal energy is produced from a method that uses one or
297      more of the following fuels or energy sources: hydrogen, solar
298      energy, geothermal energy, bioenergy, and wind energy.
299               c.3.        Wind resistance improvement, which includes, but is
300      not limited to:

                                                      Page 12 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




301               (I)a.         Improving the strength of the roof deck attachment;
302               (II)b.        Creating a secondary water barrier to prevent water
303      intrusion;
304               (III)c.        Installing wind-resistant shingles;
305               (IV)d.        Installing gable-end bracing;
306               (V)e.         Reinforcing roof-to-wall connections;
307               (VI)f.        Installing storm shutters; or
308               (VII)g.        Installing opening protections.
309               d.      Wastewater improvement, which includes, but is not
310      limited to:
311               (I)         Removing, replacing, or improving an onsite sewage
312      treatment and disposal system with a secondary or advanced
313      onsite sewage treatment and disposal system or technology;
314               (II)        Replacing or converting an onsite sewage treatment
315      and disposal system to a central sewerage system or distributed
316      sewerage system, including, but not limited to, installing a
317      sewer lateral and any components necessary to connect the onsite
318      sewage treatment and disposal system or the building's plumbing
319      to a central sewerage system or distributed sewerage system; or
320               (III)        Performing any removal, repairs, or modifications to
321      an onsite sewage treatment and disposal system, including any
322      repair, modification, or replacement of a system required under
323      a local ordinance enacted pursuant to ss. 381.0065 and
324      381.00651.
325               e.      Flood and water damage mitigation and resiliency

                                                      Page 13 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




326      improvement, which includes, but is not limited to, projects and
327      installation for:
328               (I)         Raising a structure above the base flood elevation to
329      reduce flood damage;
330               (II)        Constructing a flood diversion apparatus or seawall
331      improvement that includes seawall repairs and seawall
332      replacements;
333               (III)        Purchasing flood-damage-resistant building
334      materials;
335               (IV)        Making electrical, mechanical, plumbing, or other
336      system improvements that reduce flood damage; or
337               (V)         Making other improvements that qualify for reductions
338      in flood insurance premiums.
339               2.      For commercial property, includes any:
340               a.      Energy conservation and efficiency improvement, which
341      is a measure designed to reduce consumption through conservation
342      or a more efficient use of electricity, natural gas, propane, or
343      other forms of energy on the property, including, but not
344      limited to, air sealing; installation of insulation;
345      installation of energy-efficient heating, cooling, or
346      ventilation systems; building modifications to increase the use
347      of daylight; replacement of windows; installation of energy
348      controls or energy recovery systems; installation of electric
349      vehicle charging equipment; installation of efficient lighting
350      equipment; or any other improvements necessary to achieve a

                                                      Page 14 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




351      sustainable building rating or compliance with a national model
352      green building code.
353               b.      Renewable energy improvement, which is the installation
354      of any system in which the electrical, mechanical, or thermal
355      energy is produced from a method that uses one or more of the
356      following fuels or energy sources: hydrogen, solar energy,
357      geothermal energy, bioenergy, or wind energy.
358               c.      Resiliency improvement, which includes, but is not
359      limited to:
360               (I)         Improving the strength of the roof deck attachment;
361               (II)        Creating a secondary water barrier to prevent water
362      intrusion;
363               (III)        Installing wind-resistant shingles;
364               (IV)        Installing gable-end bracing;
365               (V)         Reinforcing roof-to-wall connections;
366               (VI)        Installing storm shutters;
367               (VII)        Installing opening protections;
368               (VIII)        Creating or improving stormwater and flood
369      resiliency, including shoreline improvements; or
370               (IX)        Making any other improvements necessary to achieve a
371      sustainable building rating or compliance with a national model
372      resiliency standard and any improvements to a structure to
373      achieve wind or flood insurance rate reductions, including
374      building elevation.
375               (j)         "Residential property" means a residential real

                                                      Page 15 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




376      property composed of four or fewer dwelling units which has been
377      or will be improved by a qualifying improvement.
378               (3)         A local government may levy non-ad valorem assessments
379      to fund qualifying improvements.
380               (4)(a)        Subject to a local government ordinance or
381      resolution authorizing a local government to offer a qualifying
382      improvement program for residential property or a qualifying
383      improvement program for commercial property in that county or
384      municipality, a residential or commercial property owner located
385      in that county or municipality may apply to the appropriate
386      qualifying improvement program local government for funding to
387      finance a qualifying improvement and enter into a financing
388      agreement with the local government. Costs incurred by the local
389      government for such purpose may be collected as a non -ad valorem
390      assessment. A non-ad valorem assessment must shall be collected
391      pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a),
392      is shall not be subject to discount for early payment. However,
393      the notice and adoption requirements of s. 197.3632(4) do not
394      apply if this section is used and complied with, and the intent
395      resolution, publication of notice, and mailed notices to the
396      property appraiser, tax collector, and Department of Revenue
397      required by s. 197.3632(3)(a) may be provided on or before
398      August 15 in conjunction with any non-ad valorem assessment
399      authorized by this section, if the property appraiser, tax
400      collector, and local government agree.

                                                      Page 16 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




401               (b)         Notwithstanding ss. 192.091(2)(b) and 197.3632(8)(c),
402      a non-ad valorem assessment on a commercial property securing
403      financing for a qualifying improvement may not exceed a maximum
404      annual fee of 1 percent of the annual non-ad valorem assessment
405      collected or $5,000, whichever is less.
406               (5)         Pursuant to this section or as otherwise provided by
407      law or pursuant to a local government's home rule power, a local
408      government may enter into a partnership with one or more local
409      governments for the purpose of providing and financing
410      qualifying improvements.
411               (6)         A qualifying improvement program may be administered
412      by a for-profit entity or a not-for-profit organization on
413      behalf of and at the discretion of the local government. The
414      local government must include, in any contract with the program
415      administrator, the right to perform annual reviews of the
416      program administrator to confirm compliance with qualifying
417      improvement programs for residential properties. In the event
418      the local government determines that there is a substantial
419      violation by a program administrator, the local government must
420      provide the program administrator with notice of the violation
421      and place the program administrator in a probationary program.
422               (7)         A local government may incur debt for the purpose of
423      providing financing for qualifying such improvements, which debt
424      is payable from revenues received from the improved property , or
425      any other available revenue source authorized by law.

                                                      Page 17 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




426               (8)(a)        A local government may enter into a financing
427      agreement to finance or refinance a qualifying improvement only
428      with the record owner of the affected property. For government
429      commercial property, the financing agreement must be executed by
430      the nongovernmental lessee with the written consent of the
431      governmental lessor. Evidence of such consent must be provided
432      to the local government. The financing agreement with the
433      nongovernmental lessee must provide that the nongover nmental
434      lessee is the only party obligated to pay the assessment.
435               (b)         Any financing agreement entered into pursuant to this
436      section or a summary memorandum of such agreement must shall be
437      submitted for recording recorded in the public records of the
438      county within which the property is located by the sponsoring
439      unit of local government within 10 5 days after execution of the
440      agreement. The recorded agreement provides shall provide
441      constructive notice that the non-ad valorem assessment to be
442      levied on the property constitutes a lien of equal dignity to
443      county taxes and assessments from the date of recordation. A
444      notice of lien for the full amount of the financing may be
445      recorded in the public records of the county where the property
446      is located. Such lien is not enforceable in a manner that
447      results in the acceleration of the remaining nondelinquent
448      unpaid balance under the assessment financing agreement.
449               (9)(a)        Before entering into A financing agreement for a
450      residential property may not be approved unless, the local

                                                      Page 18 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




451      government, or a program administrator acting on its behalf,
452      determines, based on a review of public records derived from a
453      commercially accepted source, and the statements and records of
454      the property owner or the property owner's credit reports, shall
455      reasonably determine that all of the following conditions have
456      been met:
457               1.      All property taxes and any other assessments levied on
458      the same bill as property taxes are current paid and have not
459      been delinquent for the preceding 3 years or the property
460      owner's period of ownership, whichever is less.;
461               2.      That There are no involuntary liens, including, but not
462      limited to, construction liens on the property.;
463               3.      There are that no notices of default or other evidence
464      of property-based debt delinquency which have been recorded
465      during the preceding 3 years or the property owner's period of
466      ownership, whichever is less.; and that
467               4.      The property owner is current on all mortgage debt on
468      the property.
469               5.      The property owner agrees in writing to receive the
470      disclosure statements required by paragraph (11)(c).
471               6.      The property is within the geographic boundaries of the
472      applicable qualifying improvement program.
473               7.      The term of the financing agreement does not exceed:
474               a.      For a single qualifying improvement, the estimated
475      useful life of the qualifying improvement.

                                                      Page 19 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




476               b.      For multiple qualifying improvements, the lesser of:
477               (I)         Thirty years; or
478               (II)        The greater of either the weighted average estimated
479      useful life of all qualifying improvements being fina nced or the
480      estimated useful life of the qualifying improvements to which
481      the greatest portion of funds is disbursed. The local government
482      or program administrator, as applicable, shall determine the
483      useful life of a qualifying improvement using establishe d third-
484      party standards, including certification criteria from
485      government agencies or nationally recognized standards and
486      testing organizations.
487               8.      The property owner is not currently the subject of
488      bankruptcy proceedings.
489               9.      The property is not subject to an existing home equity
490      conversion mortgage or a reverse mortgage product.
491               10.         The property is not a residential property gifted to a
492      homeowner for free by a nonprofit entity as may be disclosed by
493      the property owner. The failure of a property owner to disclose
494      the gift does not invalidate a financing agreement or any
495      obligation thereunder.
496               11.         For qualifying improvements for solar energy, the
497      property owner has obtained estimates from at least two
498      unaffiliated, competitive entities, one of which is a qualifying
499      improvement contractor, for the qualifying improvement to be
500      financed. This requirement may be waived by the property owner

                                                      Page 20 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




501      through a separately signed written disclosure.
502               12.         The local government or program administrator, as
503      applicable, has asked if the property owner has obtained or
504      sought to obtain additional qualifying improvements on the same
505      property which have not yet been recorded. The failure of a
506      property owner to disclose such information does not invalidate
507      a financing agreement or any obligation thereunder, even if the
508      total financed amount of the qualifying improvement exceeds the
509      amount that would otherwise be authorized under paragraph
510      (15)(a). The existence of a prior qualifying improvement non -ad
511      valorem assessment or a prior financing agreement is not
512      evidence that the financing agreement under consideration is
513      affordable or meets other program requirements.
514               (b)         A financing agreement for a commercial property may
515      not be approved unless the local government, or the program
516      administrator acting on its behalf, determines, based on a
517      review of public records derived from a commercially accepted
518      source and the statements and records of the property owner,
519      that all of the following conditions have been met:
520               1.      All property taxes and any other assessments levied on
521      the same bill as the property taxes are current.
522               2.      There are no involuntary liens greater than $10,000,
523      including, but not limited to, construction liens, on the
524      property.
525               3.      Notices of default or other evidence of property-based

                                                      Page 21 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A     H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




526      debt delinquency have not been recorded and have not been
527      released during the preceding 3 years or the property owner's
528      period of ownership, whichever is less.
529               4.      The property owner is current on all mortgage debt on
530      the property.
531               (10)        In addition to reviewing public records derived from
532      a commercially accepted source, the statements and records of
533      the residential property owner, or the residential property
534      owner's credit reports, and before a local government or program
535      administrator, as applicable, approves the financing of a
536      qualifying improvement on residential property, the local
537      government or program administrator must use information
538      contained in the property owner's application, commercially
539      accepted third-party records, or an automated verification
540      system to determine whether the property owner has the ability
541      to pay the annual non-ad valorem assessment for the qualifying
542      improvement. The local government or program administrator, as
543      applicable, must review the property owner's household income.
544      To do so, the program administrator shall, at a minimum, use the
545      requirements specified in paragraph (9)(a), confirm that the
546      property owner is not in bankruptcy, and determine that the
547      total estimated annual payment amount for all financing
548      agreements funded under this section on the property does not
549      exceed 10 percent of the property owner's annual household
550      income. In reviewing the property owner's ability to pay, the

                                                      Page 22 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




551      local government or program administrator, as applicable, when
552      determining the household income:
553               (a)         May include the income of any persons who reside on
554      the property but who are not property owners;
555               (b)         May consider statements by the property owner
556      regarding the property owner's income, but income may not be
557      confirmed solely by such statements;
558               (c)         May not consider the equity in the property that will
559      secure the non-ad valorem assessment; and
560               (d)         May confirm income by use of any of the following:
561               1.      Information or income models gathered from and prepared
562      by reputable third parties which provide commercially acceptable
563      evidence of the property owner's household income.
564               2.      Federal and state tax returns.
565               3.      Statements prepared by a certified public accountant.
566               4.      Bank statements.
567               5.      Credit reports.
568               6.      Retirement accounts.
569               7.      Social security statements.
570               8.      Trust documents.
571               9.      Any other reputable sources of financial information.
572               (e)         If a court or tribunal determines, by clear and
573      convincing evidence, that the program administrator's
574      determination of the property owner's ability to pay was not
575      objectively reasonable based on the information provided by the

                                                      Page 23 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




576      property owner, the annual assessment payment must be reduced by
577      an amount that is within the property owner's ability to pay.
578      This paragraph does not require or authorize the administrator
579      to reduce the amount owed on the assessment.
580               (f)         The failure of a property owner to disclose public
581      records, statements, or a credit report does not invalidate a
582      financing agreement or any obligation thereunder, even if the
583      total estimated annual payment amount exceeds the amount that
584      would otherwise be authorized under this subsection.
585               (g)         In determining the property owner's ability to pay the
586      estimated annual assessment amount, when either annual household
587      income is not applicable to a commercial property specified in
588      subsection (25) or the ownership of residential property is
589      vested in a corporate entity or form, if the estimated amount of
590      financing is less than $750,000, the local government or program
591      administrator, as applicable, must use generally accepted
592      underwriting criteria for businesses.
593               (11)        Each local government or program administrator that
594      offers a qualifying improvement program for residential
595      properties shall:
596               (a)         Develop a written disclosure form, which may be
597      presented in electronic format, which must be provided to a
598      residential property owner before he or she execute s the
599      financing agreement and which contains the key terms of the
600      agreement, including:

                                                      Page 24 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




601               1.      A description of the qualifying improvement;
602               2.      The estimated total financed amount, including the
603      itemized cost of the qualifying improvement, ancillary work,
604      program fees, and prepaid interest, if any;
605               3.      The annual non-ad valorem assessment process and
606      estimated annual payment schedule;
607               4.      The estimated amount of the annual non-ad valorem
608      assessment;
609               5.      The term of the total financed amount;
610               6.      The interest rate for the financed amount;
611               7.      The estimated annual percentage rate;
612               8.      The total estimated annual costs that the residential
613      property owner will be required to pay under the assessment
614      contract, including program fees;
615               9.      The total estimated average monthly equivalent amount
616      of funds that the residential property owner would have to save
617      in order to pay the annual costs of the non-ad valorem
618      assessment, including program fees; and
619               10.         The estimated due date of the residential property
620      owner's first property tax payment that includes the non -ad
621      valorem assessment.
622               (b)         When a change order or proposed change order on a
623      project significantly increases the cost of the original project
624      or significantly expands the scope of the original project,
625      notify the property owner, confirm the change with the property

                                                      Page 25 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




626      owner, and provide an updated written disclosure form as
627      described in paragraph (a) to the property owner.
628               (c)         Include the following statements verbatim and in the
629      following order in the written disclosure form, each of which
630      must be individually agreed to in writing by the property owner:
631               1.      "I understand that if I sell or refinance the property,
632      I may be required to pay off the outstanding financed amount as
633      a condition of the sale or the refinance of the property." This
634      statement must be in at least 24–point boldfaced type.
635               2.      "I understand that the annual non-ad valorem assessment
636      will be paid when property taxes are paid and will result in a
637      lien being placed on my property."
638               3.      "I understand that the annual non-ad valorem assessment
639      will be added to my property tax bill and that if I pay my
640      property taxes through my mortgage payment using an escrow
641      account, I must notify my mortgage lender."
642               4.      "I understand that if I fail to pay the annual non-ad
643      valorem assessment, I may incur penalties and fees and the local
644      government may issue a tax certificate that might result in the
645      loss of my property."
646               5.      "I understand that any potential utility or insurance
647      savings are not guaranteed and will not reduce the annual non-ad
648      valorem assessment or total assessment amount."
649               6.      "I understand that I have 5 days to cancel the
650      financing agreement and that this 5-day period expires at

                                                      Page 26 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




651      midnight on the 5th business day after I sign the agreemen t."
652               7.      "I understand that the local government, program
653      administrator, or qualifying improvement contractor does not
654      provide tax advice and that I should seek professional tax
655      advice if I have questions regarding tax credits, tax
656      deductibility, or other tax impacts of the qualifying
657      improvement or the assessment contract."
658               8.      "I understand that I cannot be assessed a penalty if I
659      prepay the outstanding financed amount."
660               (d)         Provide a printed or electronic cancellation form to
661      the residential property owner no later than the date that the
662      property owner signs the financing agreement. The cancellation
663      form must allow the property owner to cancel the contract within
664      the 5-day period specified in subparagraph (c)6.
665               (e)         Before a notice to proceed is issued, conduct, with at
666      least one residential property owner or an individual who is not
667      affiliated or associated with the local government, program
668      administrator, or qualifying improvement contractor and who is
669      legally authorized to act on behalf of the property owner, an
670      oral, recorded telephone call, during which the local government
671      or program administrator must use plain language. The local
672      government or program administrator, as applicable, shall ask
673      the residential property owner or authorized representative if
674      he or she would like to communicate primarily in a language
675      other than English. A local government or program administrator,

                                                      Page 27 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A    H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




676      as applicable, may not leave a voicemail for the residential
677      property owner or authorized representative to satisfy this
678      requirement. A local government or program administrator, as
679      applicable, as part of this telephone call, must confirm with
680      the residential property owner or authorized representative all
681      of the following:
682               1.      That at least one residential property owner has access
683      to a copy of the financing agreement and financing estimates and
684      disclosures.
685               2.      The qualifying improvement that is being financed.
686               3.      The total estimated annual costs that the residential
687      property owner will have to pay under the financing agreement,
688      including program fees.
689               4.      The total estimated average monthly equivalent amount
690      of funds that the residential property owner would have to save
691      in order to pay the annual costs of the non-ad valorem
692      assessment, including program fees.
693               5.      The estimated due date of the residential property
694      owner's first property tax payment that includes the non -ad
695      valorem assessment.
696               6.      The term of the financing agreement.
697               7.      That payments for the financing agreement will cause
698      the residential property owner's annual tax bill to increase and
699      that payments will be made through an additional annual non-ad
700      valorem assessment on the property and will be paid either

                                                      Page 28 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




701      directly to the county tax collector's office as part of the
702      total annual secured property tax bill or may be paid through
703      the residential property owner's mortgage escrow account.
704               8.      That the qualifying residential property owner has
705      disclosed whether he or she has received or is seeking
706      additional non-ad valorem assessments and has disclosed all
707      other assessments or special taxes that are or are projected to
708      be placed on the property.
709               9.      That the property will be subject to a lien during the
710      term of the financing agreement and that the obligations under
711      the agreement may be required to be paid in full before the
712      residential property owner sells or refinances the property.
713               10.         That any potential utility or insurance savings are
714      not guaranteed and will not reduce the annual non-ad valorem
715      assessment or total assessment amount.
716               11.         That the local government, program administrator, or
717      qualifying improvement contractor does not provide tax advice
718      and that the residential property owner should seek professional
719      tax advice if he or she has questions regarding tax credits, tax
720      deductibility, or other tax impacts of the qualifying
721      improvement or the financing agreement.
722               (12)(a)        A residential property owner may cancel a
723      financing agreement within 5 business days after signing the
724      financing agreement without being assessed a financial penalty
725      by the local government or program administrator, as applicable.

                                                      Page 29 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




726               (b)         A contract to sell or install a qualifying improvement
727      that is related to an application for financing in a qualifying
728      improvement program for a residential property is unenforceable,
729      and a qualifying improvement contractor may not begin work under
730      such a contract, if the property owner applied for, accepted,
731      and canceled a qualifying improvement financing agreement within
732      the 5-business-day right-to-cancel period set forth in paragraph
733      (a).
734               (c)         If a qualifying improvement contractor has initiated
735      work on a residential property under a contract deemed
736      unenforceable under this subsection, the qualifying improvement
737      contractor:
738               1.      May not receive compensation for that work under the
739      financing agreement.
740               2.      Must restore the property to its original condition at
741      no cost to the property owner.
742               3.      Must immediately return any money, property, and other
743      consideration given by the property owner. If the property o wner
744      provided any property and the qualifying improvement contractor
745      does not or cannot return it, the qualifying improvement
746      contractor must immediately return the fair market value of the
747      property or its value as designated in the contract, whichever
748      is greater.
749               (d)         If the qualifying improvement contractor has delivered
750      chattel or fixtures to the residential property pursuant to a

                                                      Page 30 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




751      contract deemed unenforceable under this subsection, the
752      qualifying improvement contractor has 90 days after the date on
753      which the contract was executed to retrieve the chattel or
754      fixtures, provided that:
755               1.      The qualifying improvement contractor has fulfilled the
756      requirements of subparagraphs (c)2. and 3.
757               2.      The chattel and fixtures can be removed at the
758      qualifying improvement contractor's expense without damaging the
759      property owner's property.
760               (e)         If a qualifying improvement contractor fails to comply
761      with this subsection, the residential property owner may retain
762      any chattel or fixtures provided pursuant to a contract de emed
763      unenforceable under this subsection.
764               (f)         A contract that is otherwise unenforceable under this
765      subsection remains enforceable if the residential property owner
766      waives his or her right to cancel the contract or cancels the
767      financing agreement under paragraph (a) but allows the
768      qualifying improvement contractor to proceed with the
769      installation of the qualifying improvement.
770               (13)(10)           To constitute an improvement to a building or
771      facility, a qualifying improvement must shall be affixed to a
772      building or facility that is part of the property and shall
773      constitute an improvement to the building or facility or a
774      fixture attached to the building or facility.
775               (a)         A financing An agreement between a local government

                                                      Page 31 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




776      and a residential qualifying property owner may not cover wind-
777      resistance improvements in buildings or facilities under new
778      construction or construction for which a certificate of
779      occupancy or similar evidence of substantial completion of new
780      construction or improvement has not been issued.
781               (b)         A financing agreement may be executed for qualifying
782      improvements in the construction of a commercial property before
783      a certificate of occupancy or similar evidence of substantial
784      completion of new construction or improvement is issued.
785      Progress payments, or payments made before completion, are
786      allowed for commercial properties, provided that the property
787      owner subsequently provides, upon request for a final progress
788      payment disbursement, written verification to the local
789      government confirming that the qualifying improvements are
790      completed and operating as intended. A financing agreement with
791      a commercial property owner may cover resiliency improvements in
792      buildings or facilities under new construction or construction
793      for which a certificate of occupancy or similar evidence of
794      substantial completion of new construction or improvement has
795      not been issued.
796               (14)(11)           Any work requiring a license under any applicable
797      law to make a qualifying improvement must shall be performed by
798      a contractor properly certified or registered pursuant to part I
799      or part II of chapter 489.
800               (15)(a)(12)(a)              Without the consent of the holders or loan

                                                      Page 32 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




801      servicers of any mortgage encumbering or otherwise secured by
802      the residential property:,
803               1.      The total amount of any non-ad valorem assessment for a
804      residential property under this section may not exceed 20
805      percent of the fair market just value of the property as
806      determined by the county property appraiser.
807               2.      The combined mortgage-related debt and total amount of
808      any non-ad valorem assessments funded under this section for
809      residential property may not exceed 97 percent of the fair
810      market value of the residential property. The failure of a
811      property owner to disclose information set forth in paragraph
812      (9)(a) does not invalidate a financing agreement or any
813      obligation thereunder, even if the total financed amount of the
814      qualifying improvements exceeds the amount that would otherwise
815      be authorized under this paragraph. For purposes of this
816      paragraph, fair market value may be determined using third-party
817      valuations based on reputable methodologies.
818               (b)         Before entering into a financing agreement with the
819      owner of a commercial property, except those commercial
820      properties specified in subsection (25), the local government or
821      program administrator, as applicable, must have received the
822      written consent of the current holders or loan servicers of any
823      mortgage that encumbers or is otherwise secured by the property
824      or that will otherwise be secured by the property at the time
825      the financing agreement is executed by the local government or

                                                      Page 33 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A    H    O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




826      program administrator notwithstanding paragraph (a), a non-ad
827      valorem assessment for a qualifying improvement defined in
828      subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported
829      by an energy audit is not subject to the limits in this
830      subsection if the audit demonstrates that the annual energy
831      savings from the qualified improvement equals or exceeds the
832      annual repayment amount of the non-ad valorem assessment.
833               (16)(13)         At least 30 days before entering into a financing
834      agreement, the property owner shall provide to the holders or
835      loan servicers of any existing mortgages encumbering or
836      otherwise secured by the property a written notice of the
837      owner's intent to enter into a financing agreement to gether with
838      the maximum principal amount to be financed and the maximum
839      annual assessment necessary to repay that amount. A verified
840      copy or other proof of such notice must shall be provided to the
841      local government or program administrator, as applicable. A
842      provision in any agreement between a mortgagee or other
843      lienholder and a property owner, or otherwise now or hereafter
844      binding upon a property owner, which allows for acceleration of
845      payment of the mortgage, note, or lien or other unilateral
846      modification solely as a result of entering into a financing
847      agreement as provided for in this section is not enforceable.
848      This subsection does not limit the authority of the holder or
849      loan servicer to increase the required monthly escrow by an
850      amount necessary to annually pay the annual qualifying

                                                      Page 34 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H    O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




851      improvement assessment.
852               (17)(14)           At or before the time a seller purchaser executes
853      a contract for the sale and purchase of any property for which a
854      non-ad valorem assessment has been levied under this section and
855      has an unpaid balance due, the seller shall give the prospective
856      purchaser a written disclosure statement in the following form,
857      which must shall be set forth in the contract or in a separate
858      writing.:
859               (a)         For residential property:
860
861               QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE
862      ENERGY, ADVANCED TECHNOLOGIES FOR WASTEWATER REMOVAL, OR WIND
863      RESISTANCE.—The property being purchased is located within the
864      jurisdiction of a local government that has placed an assessment
865      on the property pursuant to s. 163.08, Florida Statutes. The
866      assessment is for a qualifying improvement to the property
867      relating to energy efficiency, renewable energy, advanced
868      technologies for wastewater removal, or wind resistance, and is
869      not based on the value of the property. You are encouraged to
870      contact the county property appraiser's office to learn more
871      about this and other assessments that may be provided by law.
872               (b)         For a commercial property:
873
874               QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE
875      ENERGY, OR RESILIENCY.—The property being purchased is located

                                                      Page 35 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




876      within the jurisdiction of a local government that has placed an
877      assessment on the property pursuant to s. 163.08, Florid a
878      Statutes. The assessment is for a qualifying improvement to the
879      property relating to energy efficiency, renewable energy, or
880      resiliency, and is not based on the value of the property. You
881      are encouraged to contact the county property appraiser's office
882      to learn more about this and other assessments that may be
883      provided for by law.
884
885               (18)        A financing agreement authorized under this section
886      on residential property may not include any of the following:
887               (a)         A negative amortization schedule. Capitalized interest
888      included in the original balance of the financing agreement does
889      not constitute negative amortization.
890               (b)         A balloon payment.
891               (c)         Prepayment fees, other than nominal administrative
892      costs.
893               (19)        For residential property, a local government or
894      program administrator:
895               (a)         May not enroll a qualifying improvement contractor who
896      contracts with residential property owners to install qualifying
897      improvements unless:
898               1.      The local government or program administrator, as
899      applicable, determines that the qualifying improvement
900      contractor maintains in good standing an appropriate license

                                                      Page 36 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




901      from the state, if applicable, as well as any other permits,
902      licenses, or registrations required for engaging in its business
903      in the jurisdiction in which it operates and maintains all
904      state-required bond and insurance coverage.
905               2.      The local government or program administrator, as
906      applicable, obtains the qualifying improvement contractor's
907      written agreement that the qualifying improvement contractor
908      will comply with all applicable laws, including applicable
909      advertising and marketing laws and rules and the requirements of
910      this section.
911               (b)         Must maintain a process to enroll new qualifying
912      improvement contractors which includes review of the following
913      for each contractor:
914               1.      Relevant work or project history.
915               2.      Financial and reputational background checks.
916               3.      The contractor's status on the Better Business Bureau
917      platform or other online platform that tracks contractor
918      reviews.
919               (c)         Must establish and maintain a process for monitoring
920      qualifying improvement contractors with regard to performance
921      and compliance with program policies and must implement policies
922      for suspending, reinstating, and terminating qualifying
923      improvement contractors based on violations of program policies
924      or unscrupulous behavior. A program administrator, either
925      directly or through an affiliate, may not be enrolled as a

                                                      Page 37 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




926      qualifying improvement contractor.
927               (20)(a)        Before disbursing final funds to a qualifying
928      improvement contractor for a qualifying improvement on
929      residential property, the local government or program
930      administrator, as applicable, must confirm that the applicable
931      work or service has been completed or that the final permit for
932      the qualifying improvement has been closed with all permit
933      requirements satisfied.
934               (b)         A local government or program administrator, as
935      applicable, may not disclose the maximum financing amount for
936      which a residential property owner is eligible to a qualifying
937      improvement contractor or to a third party engaged in soliciting
938      financing agreements financed pursuant to this section.
939               (21)        When communicating with residential property owners,
940      a local government, program administrator, or qualifying
941      improvement contractor may not:
942               (a)         Suggest or imply:
943               1.      That a non-ad valorem assessment authorized under this
944      section is a government assistance program;
945               2.      That qualifying improvements are free or provided at no
946      cost, or that the financing related to a non-ad valorem
947      assessment authorized under this section is free or provided at
948      no cost; or
949               3.      That the financing of a qualifying improvement using
950      the program authorized pursuant to this section does not require

                                                      Page 38 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 927                                                                                                2024




951      the property owner to repay the financial obligation.
952               (b)         Make any representation as to the tax deductibility of
953      a non-ad valorem assessment on residential property. A local
954      government, program administrator, or qualifying improvement
955      contractor, or a third party engaged in marketing on behalf of
956      such entities, may encourage a property owner to seek the advice
957      of a tax professional regarding tax matters related to
958      assessments.
959               (22)(a)        A qualifying improvement contractor may not
960      advertise the availability of financing agreements for, or
961      solicit residential property owners on behalf of, the local
962      government or program administrator unless:
963               1.      The qualifying improvement contractor maintains the
964      appropriate registration or certification from the Construction
965      Industry Licensing Board or any other permit, license, or
966      registration required to conduct business in the jurisdiction in
967      which it operates, and provides proof of having the required
968      bond and insurance coverage amounts.
969               2.      The local government or program administrator, as
970      applicable, obtains the qualifying improvement contractor's
971      written agreement that the qualifying improvement contractor
972      will comply with applicable laws and rules and qualifying
973      improvement program policies and procedures, including those on
974      advertising and marketing.
975               (b)         A local government or program administrator may not

                                                      Page 39 of 43

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0927-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 927                                                                                                2024




 976      provide any payment, fee, or kickback to a qualifying
 977      improvement contractor for referring financing business relating
 978      to a specific financing agreement on a residential property.
 979      However, a local government or program administrator may provide
 980      information or services to a qualifying improvement contractor
 981      to facilitate the installation of a qualifying improvement for a
 982      property owner.
 983               (c)         A local government or program administrator may
 984      reimburse a qualifying improvement contractor or third party for
 985      its expenses in advertising and marketing campaigns and
 986      materials.
 987               (d)         A local government or program administrator may not
 988      provide to a qualifying improvement contractor any information
 989      that discloses the amount of funds for which a property owner is
 990      eligible for qualifying improvements or the amount of equity in
 991      a property.
 992               (e)         For residential properties, a qualifying improvement
 993      contractor may not provide a different price for a qualifying
 994      improvement financed under this section than the price that the
 995      qualifying improvement contractor would otherwise provide if the
 996      qualifying improvement was not being financed through an
 997      assessment financing agreement.
 998               (f)         A local government or program administrator may not
 999      provide any direct cash payment or other thing of material value
1000      to a residential property owner which is explicitly conditioned

                                                       Page 40 of 43

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0927-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 927                                                                                                2024




1001      upon the property owner entering into a financing agreement.
1002      However, a local government or program administrator may offer
1003      programs or promotions that provide reduced fees or interest
1004      rates if the reduced fees or interest rates are reflected in the
1005      financing agreements and are not provided to the property owners
1006      as cash consideration.
1007               (g)         A local government or program administrator must
1008      conduct regular reviews of qualifying improvement contractors to
1009      confirm ongoing compliance with this subsection. If the local
1010      government or program administrator determines that there is a
1011      substantial violation by a qualifying improvement contractor,
1012      the local government or program administrator must provide the
1013      contractor with notice of the violation and place the contractor
1014      in a probationary program.
1015               (23)        Each local government and program administrator must
1016      develop and implement policies and procedures for responding to,
1017      tracking, and resolving questions and complaints about its
1018      qualifying improvement program for residential properties.
1019               (24)        Each local government that has authorized a
1020      qualifying improvement program for residential properties shall
1021      post on its website an annual report for the period ending
1022      December 31 each year containing the following information:
1023               (a)         The number of qualifying improvements funded.
1024               (b)         The aggregate, average, and median dollar amounts of
1025      annual non-ad valorem assessments and the total number of non -ad

                                                       Page 41 of 43

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0927-00
 F   L   O    R    I   D   A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 927                                                                                                2024




1026      valorem assessments that funded qualifying improvements.
1027               (c)         The percentage, number, and dollar value of non-ad
1028      valorem assessments that funded qualifying improvements,
1029      aggregated by the following category types: energy efficiency,
1030      renewable energy, wind resistance, residential property
1031      wastewater, commercial property resiliency, and other commercial
1032      property qualifying improvements.
1033               (d)         The number of defaulted non-ad valorem assessments,
1034      including the total number and defaulted amount, the number and
1035      dates of missed payments, the total number of parcels in default
1036      and the years in default, and the percentage of defaults by
1037      total assessments.
1038               (e)         A summary of all reported complaints received by the
1039      local government and its program administrators related to
1040      authorized qualifying improvements programs, including the
1041      resolution of each complaint.
1042               (f)         The estimated number of jobs created.
1043               (g)         The number and percentage of homeowners 60 years of
1044      age or older participating in a qualifying improvement program.
1045      This report must be posted no later than April 1 of the year
1046      following the calendar year covered by the report.
1047               (25)        Each local government or program administrator that
1048      offers a qualifying improvement program for residential
1049      properties may finance qualifying improvements on commercial
1050      property if the estimated amount of financing on the commercial

                                                       Page 42 of 43

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0927-00
 F   L   O    R    I   D   A     H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




          HB 927                                                                                                2024




1051      property does not exceed $750,000, subject to paragraph (10)(g).
1052               (15)        A provision in any agreement between a local
1053      government and a public or private power or energy provider or
1054      other utility provider is not enforceable to limit or prohibit
1055      any local government from exercising its authority under this
1056      section.
1057               (16)        This section is additional and supplemental to county
1058      and municipal home rule authority and not in derogation of such
1059      authority or a limitation upon such authority.
1060               Section 2.        This act shall take effect July 1, 2024.




                                                       Page 43 of 43

       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb0927-00
        Energy, Communications & Cybersecurity Subcommittee
                      HB 927 by Rep. Trabulsy
                   Improvements to Real Property

                            AMENDMENT SUMMARY
                               January 30, 2024


Amendment 1 by Trabulsy (Strike-All):

   •   Restructures the bill to match the structure of the Senate companion bill.
   •   Modifies definitions.
   •   Modifies the list of improvements that may be financed under a qualifying
       improvement program (QIP).
   •   Modifies underwriting requirements for participation in a QIP.
   •   Modifies required disclosures to property owners under a QIP.
   •   Removes provisions that allow for certain commercial property owners to
       participate in residential QIPs.
   •   Provides residential property owners with a 3 business day right to cancel a
       financing agreement under a QIP.
   •   Modifies the method for determining property value for purposes of calculating
       the maximum non-ad valorem assessment for residential properties.
   •   Modifies provisions related to contractors making qualified improvements under a
       QIP.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 927   (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Energy, Communications &
2      Cybersecurity Subcommittee
3      Representative Trabulsy offered the following:
4
 5          Amendment (with title amendment)
 6          Remove everything after the enacting clause and insert:
 7          Section 1.    Section 163.08, Florida Statutes, is amended to
 8     read:
9           (Substantial rewording of section. See s. 163.08, F.S., for
10     present text.)
11          163.08    Definitions.—As used in ss. 163.081-163.087, the
12     term:
13          (1)    "Commercial property" means real property other than
14     residential property. The term includes, but is not limited to,
15     a property zoned multifamily residential which is composed of
16     five or more dwelling units; a long-term care or assisted living
     336063 - h0927-strike.docx
      Published On: 1/29/2024 7:23:45 PM
                                    Page 1 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 927   (2024)
       Amendment No. 1


17     facility; real property owned by a nonprofit; government
18     commercial property; and real property used for commercial,
19     industrial, or agricultural purposes.
20          (2)    "Government commercial property" means real property
21     owned by a local government and leased to a nongovernmental
22     lessee for commercial use. The term does not include residential
23     property.
24          (3)    "Nongovernmental lessee" means a person or an entity
25     other than a local government which leases government commercial
26     property.
27          (4)    "Program administrator" means a county, a
28     municipality, a dependent special district as defined in s.
29     189.012, or a separate legal entity created pursuant to s.
30     163.01(7).
31          (5)    "Property owner" means the owner or owners of record
32     of real property. The term includes real property held in trust
33     for the benefit of one or more individuals, in which case the
34     individual or individuals may be considered as the property
35     owner or owners, provided that the trustee provides written
36     consent. The term does not include persons renting, using,
37     living, or otherwise occupying real property, except for a
38     nongovernmental lessee.
39          (6)    "Qualifying improvement" means the following permanent
40     improvements located on real property within the jurisdiction of
41     an authorized financing program:
     336063 - h0927-strike.docx
      Published On: 1/29/2024 7:23:45 PM
                                   Page 2 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 927   (2024)
       Amendment No. 1


42          (a)    For improvements on residential property:
43          1.    Repairing, replacing, or improving a central sewerage
44     system, converting an onsite sewage treatment and disposal
45     system to a central sewerage system, or, if no central sewerage
46     system is available, removing, repairing, replacing, or
47     improving an onsite sewage treatment and disposal system to an
48     advanced system or technology.
49          2.    Repairing, replacing, or improving a roof, including
50     improvements that strengthen the roof deck attachment; create a
51     secondary water barrier to prevent water intrusion; install
52     wind-resistant shingles or gable-end bracing; or reinforce roof-
53     to-wall connections.
54          3.    Replacing windows or doors, including garage doors,
55     with energy-efficient windows or doors.
56          4.    Installing energy-efficient heating, cooling, or
57     ventilation systems.
58          5.    Replacing or installing insulation.
59          6.    Replacing or installing energy-efficient water heaters.
60          (b)    For installing or constructing improvements on
61     commercial property:
62          1.    Waste system improvements, which consists of repairing,
63     replacing, improving, or constructing a central sewerage system,
64     converting an onsite sewage treatment and disposal system to a
65     central sewerage system, or, if no central sewerage system is
66     available, removing, repairing, replacing, or improving an
     336063 - h0927-strike.docx
      Published On: 1/29/2024 7:23:45 PM
                                   Page 3 of 42
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 927   (2024)
       Amendment No. 1


67     onsite sewage treatment and disposal system to an advanced
68     system or technology.
69          2.   Making resiliency improvements, which includes but is
70     not limited to:
71          a.   Repairing, replacing, improving, or constructing a
72     roof, including improvements that strengthen the roof deck
73     attachment;
74          b.   Creating a secondary water barrier to prevent water
75     intrusion;
76          c.   Installing wind-resistant shingles or gable-end
77     bracing; or
78          d.   Reinforcing roof-to-wall connections.
79          e.   Providing flood and water damage mitigation and
80     resiliency improvements, prioritizing repairs, replacement, or
81     improvements that qualify for reductions in flood insurance
82     premiums, including raising a structure above the base flood
83     elevation to reduce flood damage; creating or improving
84     stormwater and flood resiliency, including flood diversion
85     apparatus, drainage gates, or shoreline improvements; purchasing
86     flood-damage-resistant building materials; or making any other
87     improvements necessary to achieve a sustainable building rating
88     or compliance with a national model resiliency standard and any
89     improvements to a structure to achieve wind or flood insurance
90     rate reductions, including building elevation.


     336063 - h0927-strike.docx
      Published On: 1/29/2024 7:23:45 PM
                                  Page 4 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


 91          3.    Energy conservation and efficiency improvements, which
 92     are measures to reduce consumption through efficient use or
 93     conservation of electricity, natural gas, propane, or other
 94     formers of energy, including but not limited to, air sealing;
 95     installation of insulation; installation of energy-efficient
 96     heating, cooling, or ventilation systems; building modification
 97     to increase the use of daylight; window replacement; windows;
 98     energy controls or energy recovery systems; installation of
 99     electric vehicle charging equipment; installation of efficient
100     lighting equipment; or any other improvements necessary to
101     achieve a sustainable building rating or compliance with a
102     national model green building code.
103          4.    Renewable energy improvements, which is the
104     installation of any system in which the electrical, mechanical,
105     or thermal energy is produced from a method that uses solar,
106     geothermal, bioenergy, wind, or hydrogen.
107          5.    Water conservation efficiency improvements, which are
108     measures to reduce consumption through efficient use or
109     conservation of water.
110          (7)   "Qualifying improvement contractor" means a licensed
111     or registered contractor who has been registered to participate
112     by a program administrator pursuant to s. 163.083 to install or
113     otherwise perform work to make qualifying improvements on
114     residential property financed pursuant to a program authorized
115     under s. 163.081.
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 5 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


116          (8)   "Residential property" means real property zoned as
117     residential or multifamily residential and composed of four or
118     fewer dwelling units.
119          Section 2.   Section 163.081, Florida Statutes, is created
120     to read:
121          163.081   Financing qualifying improvements to residential
122     property.—
123          (1)   RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.—
124          (a)   Subject to local government ordinance or resolution, a
125     residential property owner may apply to a program administrator
126     for funding to finance a qualifying improvement and enter into a
127     financing agreement with the program administrator. An
128     authorized program to fund qualifying improvements must, at a
129     minimum, meet the requirements of this section. Pursuant to this
130     section or as otherwise provided by law or pursuant to a
131     county's or municipality's home rule power, a local government
132     may enter into a partnership with one or more local governments
133     for the purpose of providing and financing qualifying
134     improvements. A program administrator may contract with one or
135     more third-party administrators to implement the program as
136     provided in s. 163.084.
137          (b)   An authorized program administrator may levy non-ad
138     valorem assessments to facilitate repayment of financing
139     qualifying improvements. Costs incurred by the program
140     administrator for such purpose may be collected as a non-ad
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 6 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


141     valorem assessment. A non-ad valorem assessment shall be
142     collected pursuant to s. 197.3632 and, notwithstanding s.
143     197.3632(8)(a), shall not be subject to discount for early
144     payment. However, the notice and adoption requirements of s.
145     197.3632(4) do not apply if this section is used and complied
146     with, and the intent resolution, publication of notice, and
147     mailed notices to the property appraiser, tax collector, and
148     Department of Revenue required by s. 197.3632(3)(a) may be
149     provided on or before August 15 of each year in conjunction with
150     any non-ad valorem assessment authorized by this section, if the
151     property appraiser, tax collector, and program administrator
152     agree.
153          (c)   A program administrator may incur debt for the purpose
154     of providing financing for qualifying improvements, which debt
155     is payable from revenues received from the improved property or
156     any other available revenue source authorized by law.
157          (2)   APPLICATION.—The owner of record of the residential
158     property may apply to the authorized program administrator to
159     finance a qualifying improvement. The program administrator may
160     only enter into a financing agreement with the property owner.
161          (3)   FINANCING AGREEMENTS.—
162          (a)   Before entering into a financing agreement, the
163     program administrator must review the residential property
164     owner's public records derived from a commercially accepted


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 7 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


165     source and the property owner's statements, records, and credit
166     reports and make each of the following findings:
167          1.   The total amount of any non-ad valorem assessment for a
168     residential property under this section does not exceed 20
169     percent of the just value of the property as determined by the
170     property appraiser. The total amount may exceed this limitation
171     upon written consent of the holders or loan servicers of any
172     mortgage encumbering or otherwise secured by the residential
173     property.
174          2.   The combined mortgage-related debt and total amount of
175     any non-ad valorem assessments under the program for the
176     residential property does not exceed 97 percent of the just
177     value of the property as determined by the property appraiser.
178          3.   The financing agreement does not utilize a negative
179     amortization schedule, a balloon payment, or prepayment fees or
180     fines other than nominal administrative costs. Capitalized
181     interest included in the original balance of the assessment
182     financing agreement does not constitute negative amortization.
183          4.   All property taxes and any other assessments, including
184     non-ad valorem assessments, levied on the same bill as the
185     property taxes are current and have not been delinquent for the
186     preceding 3 years, or the property owner's period of ownership,
187     whichever is less.
188          5.   There are no outstanding fines or fees related to
189     zoning or code enforcement violations issued by a county or
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 8 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927    (2024)
        Amendment No. 1


190     municipality, unless the qualifying improvement will remedy the
191     zoning or code violation.
192          6.    There are no involuntary liens, including, but not
193     limited to, construction liens on the residential property.
194          7.    No notices of default or other evidence of property-
195     based debt delinquency have been recorded and not released
196     during the preceding 3 years or the property owner's period of
197     ownership, whichever is less.
198          8.    The property owner is current on all mortgage debt on
199     the residential property.
200          9.    The property owner has not been subject to a bankruptcy
201     proceeding within the last 5 years unless it was discharged or
202     dismissed more than 2 years before the date on which the
203     property owner applied for financing.
204          10.    The residential property is not subject to an existing
205     home equity conversion mortgage or reverse mortgage product.
206          11.    The term of the financing agreement does not exceed
207     the weighted average useful life of the qualified improvements
208     to which the greatest portion of funds disbursed under the
209     assessment contract is attributable, not to exceed 20 years. The
210     program administrator shall determine the useful life of a
211     qualifying improvement using established standards, including
212     certification criteria from government agencies or nationally
213     recognized standards and testing organizations.


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 9 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


214          12.   If the qualifying improvement is estimated to cost
215     $10,000 or more, the property owner has obtained estimates from
216     at least two unaffiliated, registered qualifying improvement
217     contractors for the qualifying improvement to be financed.
218          13.   If the qualifying improvement is for the conversion of
219     an onsite sewage treatment and disposal system to a central
220     sewerage system, the property owner has utilized all available
221     local government funding for such conversions and is unable to
222     obtain financing for the improvement on more favorable terms
223     through a local government program designed to support such
224     conversions.
225          (b)   Before entering into a financing agreement, the
226     property administrator must determine if there are any current
227     financing agreements on the residential property and if the
228     property owner has obtained or sought to obtain additional
229     qualifying improvements on the same property which have not yet
230     been recorded. The failure to disclose information related to
231     not yet recorded financing agreements does not invalidate a
232     financing agreement or any obligation thereunder, even if the
233     total financed amount of the qualifying improvement exceeds the
234     amount that would otherwise be authorized under this section.
235     The existence of a prior qualifying improvement non-ad valorem
236     assessment or a prior financing agreement is not evidence that
237     the financing agreement under consideration is affordable or
238     meets other program requirements.
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 10 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


239          (c)   In addition, before a program administrator approves a
240     qualifying improvement under this section, the program
241     administrator must use information contained in the property
242     owner's application, reasonably reliable third-party records, or
243     an automated verification system to reasonably determine whether
244     the property owner has the ability to pay the annual non-ad
245     valorem assessment for the qualifying improvement. The program
246     administrator must review the property owner's household income,
247     housing expenses, assets, and other debt obligations. If the
248     program administrator uses an automated verification system, it
249     must be a system that can verify the property owner's income, is
250     not based on predictive or estimation methodologies, and has
251     been determined sufficient for such verification purposes by a
252     federal mortgage lending authority or regulator. In reviewing
253     the property owner's ability to pay, the program administrator:
254          1.    When determining the household income, may include the
255     income of any property owner aged 18 years old or older whose
256     name is on the property title. If a person's income is
257     considered, that person's debt obligations must also be
258     considered.
259          2.    May not consider the equity in the property that will
260     secure the non-ad valorem assessment.
261          3.    Shall determine the property owner's debt obligations
262     using reasonably reliable third-party records, including, at a
263     minimum, one consumer credit report from an agency that meets
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 11 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


264     the requirements of 15 U.S.C. s. 1681a(p). Debt obligations to
265     be reviewed include:
266          a.    Secured and unsecured debt.
267          b.    Housing expenses. The program administrator shall make
268     a reasonable estimate of the basic housing expenses based on the
269     number of persons in the household.
270          c.    Stated alimony or child support obligations.
271          4.    Shall determine whether the property owner has
272     sufficient income to pay the annual non-ad valorem assessment
273     and that he or she has sufficient residual income to meet his or
274     her household living expenses. To participate in a qualifying
275     improvement program, a residential property owner must have a
276     total debt-to-income ratio no higher than 49 percent.
277          (d)    Findings satisfying paragraphs (a), (b), and (c) must
278     be documented, including supporting evidence relied upon, and
279     provided to the property owner prior to a financing agreement
280     being approved and recorded.
281          (e)    A property owner and the program administrator may
282     agree to include in the financing agreement provisions for
283     allowing change orders necessary to complete the qualifying
284     improvement. Any financing agreement or contract for qualifying
285     improvements which includes such provisions must meet the
286     requirements of this paragraph. If a proposed change order on a
287     qualifying improvement will significantly increase the original
288     cost of the qualifying improvement or significantly expand the
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 12 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927    (2024)
        Amendment No. 1


289     scope of the qualifying improvement, before the change order may
290     be executed which would result in an increase in the amount
291     financed through the program administrator for the qualifying
292     improvement, the program administrator must notify the property
293     owner, provide an updated written disclosure form as described
294     in subsection (4) to the property owner, and obtain written
295     approval of the change from the property owner.
296          (f)    A financing agreement may not be entered into if the
297     total cost of the qualifying improvement, including program fees
298     and interest, is less than $2,500.
299          (g)    A financing agreement may not be entered into for
300     qualifying improvements in buildings or facilities under new
301     construction or construction for which a certificate of
302     occupancy or similar evidence of substantial completion of new
303     construction or improvement has not been issued.
304          (4)    DISCLOSURES.—
305          (a)    In addition to the requirements in subsection (3), a
306     financing agreement may not be approved unless the program
307     administrator first provides, including via electronic means, a
308     written financing estimate and disclosure to the property owner
309     which includes all of the following, each of which must be
310     individually acknowledged in writing by the property owner:
311          1.    The estimated total amount to be financed, including
312     the total and itemized cost of the qualifying improvement,
313     program fees, and capitalized interest, if any;
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 13 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


314          2.    The estimated annual non-ad valorem assessment;
315          3.    The term of the financing agreement and the schedule
316     for the non-ad valorem assessments;
317          4.    The interest charged and estimated annual percentage
318     rate;
319          5.    A description of the qualifying improvement;
320          6.    The total estimated annual costs that will be required
321     to be paid under the assessment contract, including program
322     fees;
323          7.    The total estimated average monthly equivalent amount
324     of funds that would need to be saved in order to pay the annual
325     costs of the non-ad valorem assessment, including program fees;
326          8.    The estimated due date of the first payment that
327     includes the non-ad valorem assessment;
328          9.    A disclosure that the financing agreement may be
329     canceled within 3 business days after signing the financing
330     agreement without any financial penalty for doing so;
331          10.    A disclosure that the property owner may repay any
332     remaining amount owed, at any time, without penalty or
333     imposition of additional prepayment fees or fines other than
334     nominal administrative costs;
335          11.    A disclosure that if the property owner sells or
336     refinances the residential property, the property owner may be
337     required by a mortgage lender to pay off the full amount owed
338     under each financing agreement under this section;
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 14 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


339          12.   A disclosure that the assessment will be collected
340     along with the property owner's property taxes, and will result
341     in a lien on the property from the date the financing agreement
342     is recorded;
343          13.   A disclosure that potential utility or insurance
344     savings are not guaranteed, and will not reduce the assessment
345     amount; and
346          14.   A disclosure that failure to pay the assessment may
347     result in penalties, fees, including attorney fees, court costs,
348     and the issuance of a tax certificate that could result in the
349     property owner losing the property and a judgment against the
350     property owner, and may affect the property owner's credit
351     rating.
352          (b)   Prior to the financing agreement being approved, the
353     program administrator must conduct an oral, recorded telephone
354     call with the property owner during which the program
355     administrator must confirm each finding or disclosure required
356     in subsection (3) and this section.
357          (5)   NOTICE TO LIENHOLDERS AND SERVICERS.—At least 30 days
358     before entering into a financing agreement, the property owner
359     must provide to the holders or loan servicers of any existing
360     mortgages encumbering or otherwise secured by the residential
361     property a written notice of the owner's intent to enter into a
362     financing agreement together with the maximum amount to be
363     financed, including the amount of any fees and interest, and the
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 15 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


364     maximum annual assessment necessary to repay the total. A
365     verified copy or other proof of such notice must be provided to
366     the program administrator. A provision in any agreement between
367     a mortgagor or other lienholder and a property owner, or
368     otherwise now or hereafter binding upon a property owner, which
369     allows for acceleration of payment of the mortgage, note, or
370     lien or other unilateral modification solely as a result of
371     entering into a financing agreement as provided for in this
372     section is unenforceable. This subsection does not limit the
373     authority of the holder or loan servicer to increase the
374     required monthly escrow by an amount necessary to pay the annual
375     assessment.
376          (6)   CANCELLATION.—A property owner may cancel a financing
377     agreement on a form established by the program administrator
378     within 3 business days after signing the financing agreement
379     without any financial penalty for doing so.
380          (7)   RECORDING.—Any financing agreement approved and
381     entered into pursuant to this section, or a summary memorandum
382     of such agreement, shall be submitted for recording in the
383     public records of the county within which the residential
384     property is located by the program administrator within 10
385     business days after execution of the agreement. The recorded
386     agreement must provide constructive notice that the non-ad
387     valorem assessment to be levied on the property constitutes a
388     lien of equal dignity to county taxes and assessments from the
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 16 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


389     date of recordation. A notice of lien for the full amount of the
390     financing may be recorded in the public records of the county
391     where the property is located. Such lien is not enforceable in a
392     manner that results in the acceleration of the remaining
393     nondelinquent unpaid balance under the assessment financing
394     agreement.
395          (8)   SALE OF RESIDENTIAL PROPERTY.—At or before the time a
396     seller executes a contract for the sale of any residential
397     property for which a non-ad valorem assessment has been levied
398     under this section and has an unpaid balance due, the seller
399     shall give the prospective purchaser a written disclosure
400     statement in the following form, which must be set forth in the
401     contract or in a separate writing:
402
403          QUALIFYING IMPROVEMENTS.—The property being purchased
404          is subject to an assessment on the property pursuant
405          to s. 163.081, Florida Statutes. The assessment is for
406          a qualifying improvement to the property and is not
407          based on the value of the property. You are encouraged
408          to contact the property appraiser's office to learn
409          more about this and other assessments that may be
410          provided by law.
411
412          (9)   DISBURSEMENTS.—Before disbursing final funds to a
413     qualifying improvement contractor for a qualifying improvement
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 17 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


414     on residential property, the program administrator shall confirm
415     that the applicable work or service has been completed or, as
416     applicable, that the final permit for the qualifying improvement
417     has been closed with all permit requirements satisfied or a
418     certificate of occupancy or similar evidence of substantial
419     completion of construction or improvement has been issued.
420          (10)    CONSTRUCTION.—This section is additional and
421     supplemental to county and municipal home rule authority and not
422     in derogation of such authority or a limitation upon such
423     authority.
424          Section 3.    Section 163.082, Florida Statutes, is created
425     to read:
426          163.082    Financing qualifying improvements to commercial
427     property.—
428          (1)    COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.—
429          (a)    Subject to local government ordinance or resolution, a
430     commercial property owner may apply to a program administrator
431     for funding to finance a qualifying improvement and enter into a
432     financing agreement with the program administrator. An
433     authorized program to fund qualifying improvements must, at a
434     minimum, meet the requirements of this section. Pursuant to this
435     section or as otherwise provided by law or pursuant to a
436     county's or municipality's home rule power, a local government
437     may enter into a partnership with one or more local governments
438     for the purpose of providing and financing qualifying
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 18 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


439     improvements. A program administrator may contract with one or
440     more third-party administrators to implement the program as
441     provided in s. 163.084.
442          (b)   An authorized program administrator may levy non-ad
443     valorem assessments to facilitate repayment of financing or
444     refinancing qualifying improvements. Costs incurred by the
445     program administrator for such purpose may be collected as a
446     non-ad valorem assessment. A non-ad valorem assessment shall be
447     collected pursuant to s. 197.3632 and, notwithstanding s.
448     197.3632(8)(a), is not subject to discount for early payment.
449     However, the notice and adoption requirements of s. 197.3632(4)
450     do not apply if this section is used and complied with, and the
451     intent resolution, publication of notice, and mailed notices to
452     the property appraiser, tax collector, and Department of Revenue
453     required by s. 197.3632(3)(a) may be provided on or before
454     August 15 of each year in conjunction with any non-ad valorem
455     assessment authorized by this section, if the property
456     appraiser, tax collector, and program administrator agree.
457     Notwithstanding ss. 192.091(2)(b) and 197.3632(8)(c), F.S., a
458     non-ad valorem assessment under this section is subject to a
459     maximum annual fee of 1 percent of the annual non-ad valorem
460     assessment collected   or $5,000, whichever is less.
461          (c)   A program administrator may incur debt for the purpose
462     of providing financing for qualifying improvements, which debt


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 19 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


463     is payable from revenues received from the improved property or
464     any other available revenue source authorized by law.
465          (2)   APPLICATION.—The owner of record of the commercial
466     property may apply to the program administrator to finance a
467     qualifying improvement and enter into a financing agreement with
468     the program administrator to make such improvement. The program
469     administrator may only enter into a financing agreement with a
470     property owner. However, a nongovernmental lessee may apply to
471     finance a qualifying improvement if the nongovernmental lessee
472     provides the program administrator with written consent of the
473     government lessor. Any financing agreement with the
474     nongovernmental lessee must provide that the nongovernmental
475     lessee is the only party obligated to pay the assessment.
476          (3)   FINANCING AGREEMENTS.—
477          (a)   Before entering into a financing agreement, the
478     program administrator must make each of the following findings
479     based on a review of public records derived from a commercially
480     accepted source and the statements, records, and credit reports
481     of the commercial property owner or nongovernmental lessee:
482          1.    The combined mortgage-related debt and total amount of
483     any non-ad valorem assessments under the program for the
484     commercial property does not exceed 97 percent of the just value
485     of the property as determined by the property appraiser.




      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 20 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


486          2.    All property taxes and any other assessments, including
487     non-ad valorem assessments, levied on the same bill as the
488     property taxes are current.
489          3.    There are no involuntary liens greater than $5,000,
490     including, but not limited to, construction liens on the
491     commercial property.
492          4.    No notices of default or other evidence of property-
493     based debt delinquency have been recorded and not been released
494     during the preceding 3 years or the property owner's period of
495     ownership, whichever is less.
496          5.    The property owner is current on all mortgage debt on
497     the commercial property.
498          6.    The term of the financing agreement does not exceed the
499     weighted average useful life of the qualified improvements to
500     which the greatest portion of funds disbursed under the
501     assessment contract is attributable, not to exceed 30 years. The
502     program administrator shall determine the useful life of a
503     qualifying improvement using established standards, including
504     certification criteria from government agencies or nationally
505     recognized standards and testing organizations.
506          7.    The property owner or nongovernmental lessee is not
507     currently the subject of a bankruptcy proceeding.
508          (b)    Before entering into a financing agreement, the
509     program administrator shall determine if there are any current
510     financing agreements on the commercial property and whether the
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 21 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


511     property owner or nongovernmental lessee has obtained or sought
512     to obtain additional qualifying improvements on the same
513     property which have not yet been recorded. The failure to
514     disclose information related to not yet recorded financing
515     agreements does not invalidate a financing agreement or any
516     obligation thereunder, even if the total financed amount of the
517     qualifying improvement exceeds the amount that would otherwise
518     be authorized under this section. The existence of a prior
519     qualifying improvement non-ad valorem assessment or a prior
520     financing agreement is not evidence that the financing agreement
521     under consideration is affordable or meets other program
522     requirements.
523          (c)   Findings satisfying paragraphs (a) and (b) must be
524     documented, including supporting evidence relied upon, and
525     provided to the property owner or nongovernmental lessee prior
526     to a financing agreement being approved and recorded.
527          (d)   A property owner or nongovernmental lessee and the
528     program administrator may agree to include in the financing
529     agreement provisions for allowing change orders necessary to
530     complete the qualifying improvement. Any financing agreement or
531     contract for qualifying improvements which includes such
532     provisions must meet the requirements of this paragraph. If a
533     proposed change order on a qualifying improvement will
534     significantly increase the original cost of the qualifying
535     improvement or significantly expand the scope of the qualifying
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 22 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


536     improvement, before the change order may be executed which would
537     result in an increase in the amount financed through the program
538     administrator for the qualifying improvement, the program
539     administrator must notify the property owner or nongovernmental
540     lessee, provide an updated written disclosure form as described
541     in subsection (4) to the property owner or nongovernmental
542     lessee, and obtain written approval of the change from the
543     property owner or nongovernmental lessee.
544          (e)   A financing agreement may not be entered into if the
545     total cost of the qualifying improvement, including program fees
546     and interest, is less than $2,500.
547          (4)   DISCLOSURES.—In addition to the requirements in
548     subsection (3), a financing agreement may not be approved unless
549     the program administrator provides, whether on a separate
550     document or included with other disclosures or forms, a
551     financing estimate and disclosure to the property owner or
552     nongovernmental lessee which includes all of the following:
553          (a)   The estimated total amount to be financed, including
554     the total and itemized cost of the qualifying improvement,
555     program fees, and capitalized interest, if any;
556          (b)   The estimated annual non-ad valorem assessment;
557          (c)   The term of the financing agreement and the schedule
558     for the non-ad valorem assessments;
559          (d)   The interest charged and estimated annual percentage
560     rate;
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 23 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


561          (e)    A description of the qualifying improvement;
562          (f)    The total estimated annual costs that will be required
563     to be paid under the assessment contract, including program
564     fees; and
565          (g)    The estimated due date of the first payment that
566     includes the non-ad valorem assessment.
567          (5)    CONSENT OF LIENHOLDERS AND SERVICERS.—Before entering
568     into a financing agreement with a property owner, the program
569     administrator must have received the written consent of the
570     current holders or loan servicers of any mortgage that encumbers
571     or is otherwise secured by the commercial property or that will
572     otherwise be secured by the property at the time the financing
573     agreement is executed.
574          (6)    RECORDING.—Any financing agreement approved and
575     entered into pursuant to this section or a summary memorandum of
576     such agreement must be submitted for recording in the public
577     records of the county within which the commercial property is
578     located by the program administrator within 10 business days
579     after execution of the agreement. The recorded agreement must
580     provide constructive notice that the non-ad valorem assessment
581     to be levied on the property constitutes a lien of equal dignity
582     to county taxes and assessments from the date of recordation. A
583     notice of lien for the full amount of the financing may be
584     recorded in the public records of the county where the property
585     is located. Such lien is not enforceable in a manner that
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 24 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


586     results in the acceleration of the remaining nondelinquent
587     unpaid balance under the assessment financing agreement.
588          (7)   SALE OF COMMERCIAL PROPERTY.—At or before the time a
589     seller executes a contract for the sale of any commercial
590     property for which a non-ad valorem assessment has been levied
591     under this section and has an unpaid balance due, the seller
592     shall give the prospective purchaser a written disclosure
593     statement in the following form, which must be set forth in the
594     contract or in a separate writing:
595
596          QUALIFYING IMPROVEMENTS.—The property being purchased
597          is subject to an assessment on the property pursuant
598          to s. 163.082, Florida Statutes. The assessment is for
599          a qualifying improvement to the property and is not
600          based on the value of the property. You are encouraged
601          to contact the property appraiser's office to learn
602          more about this and other assessments that may be
603          provided for by law.
604
605          (8)   COMPLETION CERTIFICATE.—Upon disbursement of all
606     financing and completion of installation of qualifying
607     improvements financed, the program administrator shall file with
608     the applicable county or municipality a certificate that the
609     qualifying improvements have been installed and are in good
610     working order.
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 25 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


611          (9)   CONSTRUCTION.—This section is additional and
612     supplemental to county and municipal home rule authority and not
613     in derogation of such authority or a limitation upon such
614     authority.
615          Section 4.   Section 163.083, Florida Statutes, is created
616     to read:
617          163.083   Qualifying improvement contractors.—
618          (1)   A county or municipality shall establish a process, or
619     approve a process established by a program administrator, to
620     register contractors for participation in a program authorized
621     by a county or municipality pursuant to s. 163.081. A qualifying
622     improvement contractor may only perform such work that the
623     contractor is appropriately licensed, registered, and permitted
624     to conduct. At the time of application to participate and during
625     participation in the program, contractors must:
626          (a)   Hold all necessary licenses or registrations for the
627     work to be performed which are in good standing. Good standing
628     includes no outstanding complaints with the state or local
629     government which issues such licenses or registrations.
630          (b)   Comply with all applicable federal, state, and local
631     laws and regulations, including obtaining and maintaining any
632     other permits, licenses, or registrations required for engaging
633     in business in the jurisdiction in which it operates and
634     maintaining all state-required bond and insurance coverage.


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 26 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


635          (c)   File with the program administrator a written
636     statement in a form approved by the county or municipality that
637     the contractor will comply with applicable laws and rules and
638     qualifying improvement program policies and procedures,
639     including those on advertising and marketing.
640          (2)   A third-party administrator or a program
641     administrator, either directly or through an affiliate, may not
642     be registered as a qualifying improvement contractor.
643          (3)   A program administrator shall establish and maintain:
644          (a)   A process to monitor qualifying improvement
645     contractors for performance and compliance with requirements of
646     the program and must conduct regular reviews of qualifying
647     improvement contractors to confirm that each qualifying
648     improvement contractor is in good standing.
649          (b)   Procedures for notice and imposition of penalties upon
650     a finding of violation, which may consist of placement of the
651     qualifying improvement contractor in a probationary status that
652     places conditions for continued participation, payment of fines
653     or sanctions, suspension, or termination from participation in
654     the program.
655          (c)   An easily accessible page on its website that provides
656     information on the status of registered qualifying improvement
657     contractors, including any imposed penalties, and the names of
658     any qualifying improvement contractors currently on probationary


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 27 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


659     status or that are suspended or terminated from participation in
660     the program.
661          Section 5.    Section 163.084, Florida Statutes, is created
662     to read:
663          163.084    Third-party administrator for financing qualifying
664     improvements programs.—
665          (1)(a)    A program administrator may contract with one or
666     more entities to administer a program authorized pursuant to s.
667     163.081 or s. 163.082 on behalf of and at the discretion of the
668     program administrator.
669          (b)   The third-party administrator must be independent of
670     the program administrator and have no conflicts of interest
671     between managers or owners of the third-party administrator and
672     program administrator managers, owners, officials, or employees
673     with oversight over the contract. The contract must provide for
674     the entity to administer the program according to the
675     requirements of s. 163.081 or s. 163.082 and the ordinance or
676     resolution adopted by the county or municipality authorizing the
677     program. However, only the program administrator may levy or
678     administer non-ad valorem assessments.
679          (2)   A program administrator may not contract with a third-
680     party administrator that, within the last 3 years, has been
681     prohibited from serving as a third-party administrator for
682     another program administrator for program or contract violations
683     or has been found by a court of competent jurisdiction to have
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 28 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


684     violated state or federal laws related to the administration of
685     ss. 163.081-163.086 or a similar program in another
686     jurisdiction.
687          (3)   The program administrator must include in any contract
688     with the third-party administrator the right to perform annual
689     reviews of the administrator to confirm compliance with ss.
690     163.081-163.086, the ordinance or resolution adopted by the
691     county or municipality, and the contract with the program
692     administrator. If the program administrator finds that the
693     third-party administrator has committed a violation of ss.
694     163.081-163.086, the adopted ordinance or resolution, or the
695     contract with the program administrator, the program
696     administrator shall provide the third-party administrator with
697     notice of the violation and may, as set forth in the adopted
698     ordinance or resolution or the contract with the third-party
699     administrator:
700          (a)   Place the third-party administrator in a probationary
701     status that places conditions for continued operations.
702          (b)   Impose any fines or sanctions.
703          (c)   Suspend the activity of the third-party administrator
704     for a period of time.
705          (d)   Terminate the agreement with the third-party
706     administrator.
707          (4)   A program administrator may terminate the agreement
708     with a third-party administrator, as set forth by the county or
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 29 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


709     municipality in its adopted ordinance or resolution or the
710     contract with the third-party administrator, if the program
711     administrator makes a finding that:
712          (a)   The third-party administrator has violated the
713     contract with the program administrator. The contract may set
714     forth substantial violations that may result in contract
715     termination and other violations that may provide for a period
716     of time for correction before the contract may be terminated.
717          (b)   The third-party administrator, or an officer, a
718     director, a manager or a managing member, or a control person of
719     the third-party administrator, has been found by a court of
720     competent jurisdiction to have violated state or federal laws
721     related to the administration a program authorized of the
722     provisions of ss. 163.081-163.086 or a similar program in
723     another jurisdiction within the last 5 years.
724          (c)   Any officer, director, manager or managing member, or
725     control person of the third-party administrator has been
726     convicted of, or has entered a plea of guilty or nolo contendere
727     to, regardless of whether adjudication has been withheld, a
728     crime related to administration of a program authorized of the
729     provisions of ss. 163.081-163.086 or a similar program in
730     another jurisdiction within the last 10 years.
731          (d)   An annual performance review reveals a substantial
732     violation or a pattern of violations by the third-party
733     administrator.
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 30 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


734          (5)    Any recorded financing agreements at the time of
735     termination or suspension by the program administrator shall
736     continue.
737          Section 6.    Section 163.085, Florida Statutes, is created
738     to read:
739          163.085    Advertisement and solicitation for financing
740     qualifying improvements programs under s. 163.081 or s.
741     163.082.—
742          (1)    When communicating with a property owner or a
743     nongovernmental lessee, a program administrator, qualifying
744     improvement contractor, or third-party administrator may not:
745          (a)    Suggest or imply:
746          1.    That a non-ad valorem assessment authorized under s.
747     163.081 or s. 163.082 is a government assistance program;
748          2.    That qualifying improvements are free or provided at no
749     cost, or that the financing related to a non-ad valorem
750     assessment authorized under s. 163.081 or s. 163.082 is free or
751     provided at no cost; or
752          3.    That the financing of a qualifying improvement using
753     the program authorized pursuant to s. 163.081 or s. 163.082 does
754     not require repayment of the financial obligation.
755          (b)    Make any representation as to the tax deductibility of
756     a non-ad valorem assessment. A program administrator, qualifying
757     improvement contractor, or third-party administrator may
758     encourage a property owner or nongovernmental lessee to seek the
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 31 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


759     advice of a tax professional regarding tax matters related to
760     assessments.
761          (2)   A program administrator or third-party administrator
762     may not provide to a qualifying improvement contractor any
763     information that discloses the amount of financing for which a
764     property owner or nongovernmental lessee is eligible for
765     qualifying improvements or the amount of equity in a residential
766     property or commercial property.
767          (3)   A qualifying improvement contractor may not advertise
768     the availability of financing agreements for, or solicit program
769     participation on behalf of, the program administrator unless the
770     contractor is registered by the program administrator to
771     participate in the program and is in good standing with the
772     program administrator.
773          (4)   A program administrator or third-party administrator
774     may not provide any payment, fee, or kickback to a qualifying
775     improvement contractor for referring property owners or
776     nongovernmental lessees to the program administrator or third-
777     party administrator. However, a program administrator or third-
778     party administrator may provide information to a qualifying
779     improvement contractor to facilitate the installation of a
780     qualifying improvement for a property owner or nongovernmental
781     lessee.




      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 32 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


782          (5)   A program administrator or third-party administrator
783     may not reimburse a qualifying improvement contractor for its
784     expenses in advertising and marketing campaigns and materials.
785          (6)   A qualifying improvement contractor may not provide a
786     different price for a qualifying improvement financed under s.
787     163.081 than the price that the qualifying improvement
788     contractor would otherwise provide if the qualifying improvement
789     was not being financed through a financing agreement. Any
790     contract between a property owner or nongovernmental lessee and
791     a qualifying improvement contractor must clearly state all
792     pricing and cost provisions, including any process for change
793     orders which meet the requirements of s. 163.081(3)(d).
794          (7)   A program administrator, qualifying improvement
795     contractor, or third-party administrator may not provide any
796     direct cash payment or other thing of material value to a
797     property owner or nongovernmental lessee which is explicitly
798     conditioned upon the property owner or nongovernmental lessee
799     entering into a financing agreement. However, a program
800     administrator or third-party administrator may offer programs or
801     promotions on a non-discriminatory basis that provide reduced
802     fees or interest rates if the reduced fees or interest rates are
803     reflected in the financing agreements and are not provided to
804     the property owner or nongovernmental lessee as cash
805     consideration.


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 33 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


806          Section 7.    Section 163.086, Florida Statutes, is created
807     to read:
808          163.086    Unenforceable financing agreements for qualifying
809     improvements programs under s. 163.081 or s. 163.082;
810     attachment; fraud.—
811          (1)    A recorded financing agreement may not be removed from
812     attachment to a residential property or commercial property if
813     the property owner or nongovernmental lessee fraudulently
814     obtained funding pursuant to s. 163.081 or s. 163.082.
815          (2)    A financing agreement may not be enforced, and a
816     recorded financing agreement may be removed from attachment to a
817     residential property or commercial property and deemed null and
818     void, if:
819          (a)    The property owner or nongovernmental lessee applied
820     for, accepted, and canceled a financing agreement within the 3-
821     business-day period pursuant to s. 163.081(6). A qualifying
822     improvement contractor may not begin work under a canceled
823     contract.
824          (b)    A person other than the property owner or
825     nongovernmental lessee obtained the recorded financing
826     agreement. The court may enter an order which holds that person
827     or persons personally liable for the debt.
828          (c)    The program administrator, third-party administrator,
829     or qualifying improvement contractor approved or obtained
830     funding through fraudulent means and in violation of ss.
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                    Page 34 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


831     163.081-163.085, or this section for qualifying improvements on
832     the residential property or commercial property.
833          (3)   If a qualifying improvement contractor has initiated
834     work on residential property or commercial property under a
835     contract deemed unenforceable under this section, the qualifying
836     improvement contractor:
837          (a)   May not receive compensation for that work under the
838     financing agreement.
839          (b)   Must restore the residential property or commercial
840     property to its original condition at no cost to the property
841     owner or nongovernmental lessee.
842          (c)   Must immediately return any funds, property, and other
843     consideration given by the property owner or nongovernmental
844     lessee. If the property owner or nongovernmental lessee provided
845     any property and the qualifying improvement contractor does not
846     or cannot return it, the qualifying improvement contractor must
847     immediately return the fair market value of the property or its
848     value as designated in the contract, whichever is greater.
849          (4)   If the qualifying improvement contractor has delivered
850     chattel or fixtures to residential property or commercial
851     property pursuant to a contract deemed unenforceable under this
852     section, the qualifying improvement contractor has 90 days after
853     the date on which the contract was executed to retrieve the
854     chattel or fixtures, provided that:


      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 35 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


855          (a)   The qualifying improvement contractor has fulfilled
856     the requirements of paragraphs (3)(a) and (b).
857          (b)   The chattel and fixtures can be removed at the
858     qualifying improvement contractor's expense without damaging the
859     residential property or commercial property.
860          (5)   If a qualifying improvement contractor fails to comply
861     with this section, the property owner or nongovernmental lessee
862     may retain any chattel or fixtures provided pursuant to a
863     contract deemed unenforceable under this section.
864          (6)   A contract that is otherwise unenforceable under this
865     section remains enforceable if the property owner or
866     nongovernmental lessee waives his or her right to cancel the
867     contract or cancels the financing agreement pursuant to s.
868     163.081(6) or s. 163.082(6) but allows the qualifying
869     improvement contractor to proceed with the installation of the
870     qualifying improvement.
871          Section 8.   Section 163.087, Florida Statutes, is created
872     to read:
873          163.087   Reporting for financing qualifying improvements
874     programs under s. 163.081 or s. 163.082.—
875          (1)   Each program administrator that is authorized to
876     administer a program for financing qualifying improvements to
877     residential property or commercial property under s. 163.081 or
878     s. 163.082 shall post on its website an annual report within 45
879     days after the end of its fiscal year containing the following
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 36 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


880     information from the previous year for each program authorized
881     under s. 163.081 or s. 163.082:
882          (a)   The number and types of qualifying improvements
883     funded.
884          (b)   The aggregate, average, and median dollar amounts of
885     annual non-ad valorem assessments and the total number of non-ad
886     valorem assessments collected pursuant to financing agreements
887     for qualifying improvements.
888          (c)   The total number of defaulted non-ad valorem
889     assessments, including the total defaulted amount, the number
890     and dates of missed payments, and the total number of parcels in
891     default and the length of time in default.
892          (d)   A summary of all reported complaints received by the
893     program administrator related to the program, including the
894     names of the third-party administrator, if applicable, and
895     qualifying improvement contractors and the resolution of each
896     complaint.
897          (2)   The Auditor General must conduct an operational audit
898     of each program authorized under s. 163.081 or s. 163.082,
899     including any third-party administrators, for compliance with
900     the provisions of ss. 163.08-163.086 and any adopted ordinance
901     at least once every 24 months. The Auditor General may stagger
902     evaluations such that a portion of all programs are evaluated in
903     1 year; however, every program must be evaluated at least once
904     by September 1, 2027. Each program administrator, and third-
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 37 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


905     party administrator if applicable, must post the most recent
906     report on its website.
907          Section 9.   This act shall take effect July 1, 2024.
908
909
910           -----------------------------------------------------
911                        T I T L E   A M E N D M E N T
912          Remove everything before the enacting clause and insert:
913     An act relating to improvements to real property; amending s.
914     163.08, F.S.; deleting provisions relating to legislative
915     findings and intent; defining terms and revising definitions;
916     creating ss. 163.081 and 163.082, F.S.; allowing a program
917     administrator to offer a program for financing qualifying
918     improvements for residential or commercial property when
919     authorized by a county or municipality; requiring an authorized
920     program administrator that administers an authorized program to
921     meet certain requirements; authorizing a county or municipality
922     to enter into an interlocal agreement to implement a program;
923     authorizing a program administrator to contract with third-party
924     administrators to implement the program; authorizing a program
925     administrator to levy non-ad valorem assessments for a certain
926     purpose; authorizing a program administrator to incur debt for
927     the purpose of providing financing for qualifying improvements;
928     authorizing the owner of the residential property or commercial
929     property or certain nongovernmental lessees to apply to the
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 38 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


930     program administrator to finance a qualifying improvement;
931     requiring the program administrator to make certain findings
932     before entering into a financing agreement; requiring the
933     program administrator to ascertain certain financial information
934     from the property owner or nongovernmental lessee before
935     entering into a financing agreement; requiring certain
936     documentation; requiring certain financing agreement and
937     contract provisions for change orders if the property owner or
938     nongovernmental lessee and program administrator agree to allow
939     change orders to complete a qualifying improvement; prohibiting
940     a financing agreement from being entered into under certain
941     circumstances; requiring the program administrator to provide
942     certain information before a financing agreement may be
943     approved; requiring an oral, recorded telephone call with the
944     residential property owner to confirm findings and disclosures
945     before the approval of a financing agreement; requiring the
946     residential property owner to provide written notice to the
947     holder or loan servicer of his or her intent to enter into a
948     financing agreement as well as other financial information;
949     requiring that proof of such notice be provided to the program
950     administrator; providing that a certain acceleration provision
951     in an agreement between the residential property owner and
952     mortgagor or lienholder is unenforceable; providing that the
953     lienholder or loan servicer retains certain authority; requiring
954     the program administrator to receive the written consent of
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 39 of 42
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 927   (2024)
        Amendment No. 1


955     certain lienholders on commercial property; authorizing a
956     residential property owner, under certain circumstances and
957     within a certain timeframe, to cancel a financing agreement
958     without financial penalty; requiring recording of the financing
959     agreement in a specified timeframe; creating the seller's
960     disclosure statements for properties offered for sale which have
961     assessments on them for qualifying improvements; requiring the
962     program administrator to confirm that certain conditions are met
963     before disbursing final funds to a qualifying improvement
964     contractor for qualifying improvements on residential property;
965     requiring a program administrator to submit a certain
966     certificate to a county or municipality upon final disbursement
967     and completion of qualifying improvements; creating s. 163.083,
968     F.S.; requiring a county or municipality to establish or approve
969     a process for the registration of a qualifying improvement
970     contractor to install qualifying improvements; requiring certain
971     conditions for a qualifying improvement contractor to
972     participate in a program; prohibiting a third-party
973     administrator from registering as a qualifying improvement
974     contractor; requiring the program administrator to monitor
975     qualifying improvement contractors, enforce certain penalties
976     for a finding of violation, and post certain information online;
977     creating s. 163.084, F.S.; authorizing the program administrator
978     to contract with entities to administer an authorized program;
979     providing certain requirements for a third-party administrator;
      336063 - h0927-strike.docx
       Published On: 1/29/2024 7:23:45 PM
                                   Page 40 of 42
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 927   (2024)
         Amendment No. 1


 980     prohibiting a program administrator from contracting with a
 981     third-party administrator under certain circumstances; requiring
 982     the program administrator to include in its contract with the
 983     third-party administrator the right to perform annual reviews of
 984     the administrator; authorizing the program administrator to take
 985     certain actions if the program administrator finds that the
 986     third-party administrator has committed a violation of its
 987     contract; authorizing a program administrator to terminate an
 988     agreement with a third-party administrator under certain
 989     circumstances; providing for the continuation of certain
 990     financing agreements after the termination or suspension of the
 991     third-party administrator; creating s. 163.085, F.S.; requiring
 992     that, in communicating with the property owner or
 993     nongovernmental lessee, the program administrator, qualifying
 994     improvement contractor, or third-party administrator comply with
 995     certain requirements; prohibiting the program administrator or
 996     third-party administrator from disclosing certain financing
 997     information to a qualifying improvement contractor; prohibiting
 998     a qualifying improvement contractor from making certain
 999     advertisements or solicitations; providing exceptions;
1000     prohibiting a program administrator or third-party administrator
1001     from providing certain payments, fees, or kickbacks to a
1002     qualifying improvement contractor; authorizing a program
1003     administrator or third-party administrator to reimburse a
1004     qualifying improvement contractor for certain expenses;
       336063 - h0927-strike.docx
        Published On: 1/29/2024 7:23:45 PM
                                    Page 41 of 42
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 927   (2024)
         Amendment No. 1


1005     prohibiting a qualifying improvement contractor from providing
1006     different prices for a qualifying improvement; requiring a
1007     contract between a property owner or nongovernmental lessee and
1008     a qualifying improvement contractor to include certain
1009     provisions; prohibiting a program administrator, third-party
1010     administrator, or qualifying improvement contractor from
1011     providing any cash payment or anything of material value to a
1012     property owner or nongovernmental lessee which is explicitly
1013     conditioned on a financing agreement; creating s. 163.086, F.S.;
1014     prohibiting a recorded financing agreement from being removed
1015     from attachment to a property under certain circumstances;
1016     providing for the unenforceability of a financing agreement
1017     under certain circumstances; providing provisions for when a
1018     qualifying improvement contractor initiates work on an
1019     unenforceable contract; providing that a qualifying improvement
1020     contractor may retrieve chattel or fixtures delivered pursuant
1021     to an unenforceable contract if certain conditions are met;
1022     providing that an unenforceable contract will remain
1023     unenforceable under certain circumstances; creating s. 163.087,
1024     F.S.; requiring a program administrator authorized to administer
1025     a program for financing a qualifying improvement to post on its
1026     website an annual report; specifying requirements for the
1027     report; requiring the auditor general to conduct an operational
1028     audit of each authorized program; providing an effective date.
1029
       336063 - h0927-strike.docx
        Published On: 1/29/2024 7:23:45 PM
                                    Page 42 of 42
HB 1645
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1645 Energy Resources
SPONSOR(S): Payne
TIED BILLS:       IDEN./SIM. BILLS: SB 1624

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  1) Energy, Communications & Cybersecurity                                                 Bauldree              Keating
     Subcommittee

  2) Appropriations Committee

  3) Commerce Committee

                                                        SUMMARY ANALYSIS
The bill updates Florida’s energy policies and amends specific energy-related laws. Specifically, the bill:
   • Provides an updated statement of legislative intent concerning the state’s energy policy, establishes a list of
         specific, fundamental policy goals to guide the state’s energy policy.
   • Updates energy policy statements in current law and the duties of the Department of Agriculture and Consumer
         Services (DACS) to be consistent with the energy policy goals established in the bill.
   • Requires public utilities to obtain approval from the Public Service Commission (PSC) to retire certain electrical
         power plants, and requires the PSC to inform and provide technical support to the Attorney General if a plant
         retirement is required or induced by federal regulation and is inconsistent with the state’s energy policy goals.
   • Requires the PSC to develop certain smart grid policies which must be submitted for consideration by, and may
         not be implemented until approved by, the Legislature.
   • Increases the minimum length of an intrastate natural gas pipeline that requires certification under the Natural
         Gas Transmission Pipeline Siting Act from 15 miles to 100 miles.
   • Provides that certain “resiliency facilities” owned and operated by a public utility to deploy natural gas reserves for
         temporary use during a system outage or natural disaster are a permitted use in all commercial, industrial, and
         manufacturing land use categories and districts, subject to setback and landscape criteria for other similar uses.
   • Requires the PSC to conduct an assessment of the security and resiliency of the state's electric grid and natural
         gas facilities against both physical threats and cyber threats and to submit a report.
   • Prohibits the PSC, without specific legislative authority, from authorizing a public utility to make direct sales of
         energy to a consumer solely for the consumer's use in powering a means of transportation.
   • Authorizes the PSC to approve a utility program for residential, customer-specific electric vehicle (EV) charging if
         the program will not adversely impact the utility's general body of ratepayers.
   • Eliminates specified requirements for public business related to the purchase of certain products and services.
   • Requires the Department of Management Services (DMS) to develop the Florida Humane Preferred Energy
         Products List to identify certain products that appear to be largely made free from forced labor.
   • Repeals the Renewable Energy and Energy-Efficient Technologies Grant Program, Florida Green Government
         Grants, the Energy Economic Zone Pilot Program, and Qualified Energy Conservation Bonds provisions.
   • Requires the Department of Transportation to offer potential access to vendors of certain alternative motor vehicle
         fuels and repowering stations along the turnpike system.
   • Prohibits community development districts and homeowners’ associations from prohibiting certain types or fuel
         sources of energy production and appliances that use such fuels.
   • Creates an EV Battery Deposit Program within the Department of Highway Safety and Motor Vehicles (DHSMV).
   • Requires the PSC to study and evaluate the technical and economic feasibility of using advanced nuclear power
         technologies and to submit a report of its findings and recommendations.
   • Requires DOT to study and evaluate the potential development of hydrogen fueling infrastructure, including
         fueling stations, to support hydrogen-powered vehicles that use the state highway system.

The bill does not appear to impact state or local government revenues or local government expenditures. The bill appears
to have a negative impact on state government expenditures, which may be offset to some degree by potential savings
related to the elimination of specified purchasing requirements. See Fiscal Analysis & Economic Impact Statement.

The bill provides an effective date of July 1, 2024, except as otherwise provided in the bill.



This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1645.ECC
DATE: 1/27/2024
                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Florida Energy Profile

        Florida is the third most populous state and the fourth largest energy-consuming state in the nation.
        However, Florida uses less energy per capita than all but six other states, in part because of its large
        population, moderate winter weather, and relatively low industrial sector energy use. 1 Florida’s energy
        consumption can be broken down by end-use sector as follows: 2
            • Transportation – 39%
            • Residential – 28%
            • Commercial – 22%
            • Industrial – 11%

        In the electric power industry, natural gas is the dominant fuel in Florida and since 2011 has generated
        more electric power than all other fuels combined. Natural gas fueled approximately 70 percent of
        electric energy consumed in Florida in 2022. This number is anticipated to decline over the next ten
        years, reaching 56 percent by 2032. 3 Florida has very little natural gas production and limited gas
        storage capacity, thus the state is reliant upon out-of-state production and storage to satisfy its
        demand. 4 Supply from out-of-state is provided by five interstate natural gas pipelines, with the majority
        of peninsular Florida’s supply provided by three interstate pipelines: Florida Gas Transmission Pipeline,
        Gulf Stream Natural Gas System, and Sabal Trail Transmission. 5

        In 2022, renewable energy resources were used to generate approximately 14 percent of the electric
        energy consumed in Florida. This number is anticipated to increase over the next ten years, reaching
        28 percent by 2032, primarily from the addition of new solar generation. Solar generation in Florida is
        expected to exceed all non-natural gas energy sources combined (primarily nuclear and coal) by
        2029. 6

        Of the current renewable generation capacity in Florida, approximately 37 percent is considered a “firm”
        resource than can be relied upon to serve customers and defer the need for traditional power plants.
        Because of the coincidence of solar generation and the peak demand for electrical energy, about 40
        percent of installed solar generation is considered a firm resource. For utility-scale solar projects, that
        number increases to 52 percent. As the amount of solar increases in the state, the difference in how it
        operates compared to traditional generation will have an increasing importance to the grid. Solar
        generation cannot be dispatched as needed, but is produced based upon the conditions at the plant
        site, influenced by variations in daylight hours, cloud cover, and other environmental factors. Generally,
        the peak hours for production of a solar facility are closer to noon, whereas the peak in system demand
        tends to be in the early evening in summer and early morning in winter. Still, Florida is projected to
        meet its electricity demand and carry a reserve margin of between 16.4 and 30.1 percent on a
        statewide basis over the next 10 years. 7


1 U.S. Energy Information Administration (EIA), Florida, State Profile and Energy Estimates, Analysis,

https://www.eia.gov/state/analysis.php?sid=FL#:~:text=Renewable%20resources%20fueled%20about%206,generation%
20came%20from%20solar%20energy (last visited Jan. 12, 2024).
2 EIA, Florida, State Profile and Energy Estimates, Data, https://www.eia.gov/state/data.php?sid=FL (last visited Jan. 12,

2024). These figures reflect consumption in 2021, the most recent period reported by EIA for the state.
3 Florida Public Service Commission (FPSC), Review of the 2023 Ten-Year Site Plans of Florida’s Electric Utilities,

available at https://www.floridapsc.com/pscfiles/website-files/PDF/Utilities/Electricgas/TenYearSitePlans//2023/Review.pdf
(last visited Jan. 12, 2024).
4 Id. at 42.
5 FPSC, Facts and Figures of the Florida Utility Industry, 2023, at 17, https://www.floridapsc.com/pscfiles/website-

files/PDF/Publications/Reports/General/FactsAndFigures/April%202023.pdf (last visited Jan. 15, 2024).
6 FPSC, supra note 3.
7 Id.
STORAGE NAME: h1645.ECC                                                                                           PAGE: 2
DATE: 1/27/2024
        Since 2001, utility-scale electric generation from renewable resources in Florida had grown only 28
        percent through 2016, but had grown over 300 percent by 2022. 8 Customer-owned renewable
        generation connected to the electric grid in Florida has also grown dramatically in recent years,
        increasing 460 percent from 2018 to 2022. This growth appears to correlate with decreasing prices for
        both utility-scale and customer-owned solar generation systems. 9

        In the transportation sector, the market for electric vehicles (EV) in Florida has grown significantly in
        recent years and is expected to continue growing. 10 Including both full battery electric vehicles and
        plug-in hybrid electric vehicles, only 21,700 EVs were registered in Florida in 2016; that number
        increased to 213,800 in 2022, second only to California. 11 Florida’s generating electric utilities
        anticipate that annual EV energy consumption in their service territories will increase at a rate of almost
        20% per year through 2032 and will comprise 3.9 percent of their net energy for load and 4 percent of
        summer peak demand in 2032. 12 This growth is accounted for in utility planning. 13 Registrations for
        compressed natural gas vehicles in Florida have declined from 18,000 in 2016 to 400 in 2022, and
        there is no data for registration of hydrogen-fueled vehicles in Florida for 2022. 14 Gasoline powered
        vehicles still account for the overwhelming majority of vehicle registrations in Florida, with almost 16
        million registered in Florida. 15

        The United States Environmental Protection Agency (EPA) maintains an inventory of greenhouse gas
        (GHG) emissions by state, end-use sector, and type of gas, with the most recent inventory data for
        2021. 16 According to this inventory, Florida’s net GHG emissions for all sectors peaked in 2005 and
        were slightly lower (0.7 percent) in 2021 as compared to 2008. 17 GHGs reported to the EPA by large
        facilities 18 in Florida have declined from 147 million metric tons in 2010 to 113 million metric tons in
        2022. 19 In 2021, the transportation sector accounted for 41 percent of Florida’s GHG emissions, the
        electric power industry accounted for 35 percent, and the remaining 24 percent was associated with the
        industrial, commercial, agricultural, and residential sectors. 20

        State Energy Policy and Governance (Sections 10-12)


8 EIA, Electricity Data Browser,

https://www.eia.gov/electricity/data/browser/#/topic/0?agg=2,0,1&fuel=02fh&geo=g000001&sec=g&linechart=ELEC.GEN.
AOR-US-99.A~ELEC.GEN.AOR-FL-99.A&columnchart=ELEC.GEN.AOR-US-99.A&map=ELEC.GEN.AOR-US-
99.A&freq=A&start=2001&end=2022&chartindexed=1&ctype=linechart&ltype=pin&rtype=s&maptype=0&rse=0&pin= (last
visited Jan. 12, 2024).
9 See, e.g., NREL, Documenting a Decade of Cost Declines for PV Systems, Feb. 10, 2021,

https://www.nrel.gov/news/program/2021/documenting-a-decade-of-cost-declines-for-pv-systems.html (last visited Jan.
12, 2024) (stating that, from 2010 to 2020, there had been a 64%, 69%, and 82% reduction in the cost of residential,
commercial-rooftop, and utility-scale PV systems, respectively and that a significant portion of the cost declines over that
decade can be attributed to an 85% cost decline in module price).
10 Florida Department of Transportation (FDOT), Florida's Electric Vehicle Infrastructure Deployment Plan, August 2023,

at 17, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/emergingtechnologies/evprogram/2023_florida's-evidp_update_092923.pdf?sfvrsn=1e4aee0_1 (last visited Jan.
15, 2024).
11 U.S Department of Energy (DOE), Alternative Fuels Data Center,

https://afdc.energy.gov/transatlas/#/?state=FL&view=vehicle_count (last visited Jan. 15, 2024).
12 FPSC, supra note 3, at 5-6, 19.
13 Id. at 17-20/.
14 DOE, supra note 11.
15 Id.
16 For purposes of the EPA’s inventory, GHGs include carbon dioxide, methane, fluorinated gases, and nitrous oxide. The

inventory also accounts for changes associated with land use and forestry that affect the land’s ability to serve as a sink
for GHG emissions. EPA, Greenhouse Gas Inventory Data Explorer,
https://cfpub.epa.gov/ghgdata/inventoryexplorer/#iallsectors/allsectors/allgas/gas/all (last visited Jan, 15, 2024).
17 Id.
18 Facilities that emit 25,000 metric tons or more per year of GHGs are required to annually report their GHG emissions to

the EPA. Roughly half of total U.S. GHG emissions are reported by direct emitters. EPA, Facility Level Information on
Greenhouse Gases Tool, https://ghgdata.epa.gov/ghgp/main.do?site_preference=normal (last visited Jan. 12, 2024).
19 Id.
20 EPA, supra note 15.
STORAGE NAME: h1645.ECC                                                                                              PAGE: 3
DATE: 1/27/2024
        Present Situation

        In 1974, in response to the 1973-1974 oil embargo, 21 the Legislature, upon finding that a lack of
        accurate and relevant information was hampering its ability to develop energy policy to address the
        energy resource shortages facing the state, created an “energy data center” to collect data on
        production, refinement, transportation, storage, and sale of energy resources in Florida, including all
        types of fossil fuels, nuclear energy, and renewables. 22 Three years later, the Legislature developed an
        energy policy statement with a focus on energy conservation, alternative energy resources, and public
        education about energy use. 23 This energy policy statement is still mostly intact in Florida law. 24

        In 1978, the Legislature transferred the duties of the energy data center to the former Department of
        Administration and expanded those duties to include additional data analysis and forecasting, public
        education, promoting conservation, and coordinating state energy-related programs. 25 This list of duties
        is now reflected in the duties established in current law for the Department of Agriculture and
        Consumer Services (DACS). 26

        Florida’s current energy policies are largely established through various provisions of law related to
        specific aspects of energy production, distribution, sales, and use. The Legislature last addressed
        energy policy at a holistic level in 2008, 27 when it adopted the following statement of intent with regard
        to energy resource planning and development, which is unchanged in current law: 28

                The Legislature finds that the state’s energy security can be increased by lessening
                dependence on foreign oil; that the impacts of global climate change can be reduced through
                the reduction of greenhouse gas emissions; and that the implementation of alternative energy
                technologies can be a source of new jobs and employment opportunities for many Floridians.
                The Legislature further finds that the state is positioned at the front line against potential impacts
                of global climate change. Human and economic costs of those impacts can be averted by global
                actions and, where necessary, adapted to by a concerted effort to make Florida’s communities
                more resilient and less vulnerable to these impacts. In focusing the government’s policy and
                efforts to benefit and protect our state, its citizens, and its resources, the Legislature believes
                that a single government entity with a specific focus on energy and climate change is both
                desirable and advantageous. Further, the Legislature finds that energy infrastructure provides
                the foundation for secure and reliable access to the energy supplies and services on which
                Florida depends. Therefore, there is significant value to Florida consumers that comes from
                investment in Florida’s energy infrastructure that increases system reliability, enhances energy
                independence and diversification, stabilizes energy costs, and reduces greenhouse gas
                emissions.

        In 2008, the Legislature also adopted the following energy policy statements, which are unchanged in
        current law: 29

            It is the policy of the State of Florida to:
                 • Develop and promote the effective use of energy in the state, discourage all forms of energy
                     waste, and recognize and address the potential of global climate change wherever possible.
                 • Play a leading role in developing and instituting energy management programs aimed at
                     promoting energy conservation, energy security, and the reduction of greenhouse gas
                     emissions.

21 See, generally, U.S Department of State, Office of the Historian, Oil Embargo, 1973-1974,

https://history.state.gov/milestones/1969-1976/oil-embargo (last visited Jan. 12, 2024).
22 Ch. 74-186, L.O.F.
23 Ch. 77-334, L.O.F.
24 See s. 377.601(2), F.S.
25 Ch. 78-25, L.O.F.
26 See ss. 377.603 and 377.703, F.S.
27 Ch. 2008-227, L.O.F.
28 S. 377.601(1), F.S.
29 S. 377.601(2), F.S.
STORAGE NAME: h1645.ECC                                                                                        PAGE: 4
DATE: 1/27/2024
                •     Include energy considerations in all state, regional, and local planning.
                •     Utilize and manage effectively energy resources used within state agencies.
                •     Encourage local governments to include energy considerations in all planning and to
                      support their work in promoting energy management programs.
                •     Include the full participation of citizens in the development and implementation of energy
                      programs.
                •     Consider in its decisions the energy needs of each economic sector, including residential,
                      industrial, commercial, agricultural, and governmental uses, and reduce those needs
                      whenever possible.
                •     Promote energy education and the public dissemination of information on energy and its
                      environmental, economic, and social impact.
                •     Encourage the research, development, demonstration, and application of alternative energy
                      resources, particularly renewable energy resources.
                •     Consider, in its decisionmaking, the social, economic, and environmental impacts of energy-
                      related activities, including the whole-life-cycle impacts of any potential energy use choices,
                      so that detrimental effects of these activities are understood and minimized.
                •     Develop and maintain energy emergency preparedness plans to minimize the effects of an
                      energy shortage within Florida.

        Under current law, 30 DACS is required to perform the following functions, consistent with the
        development of a state energy policy:
           • Perform or coordinate the functions of any federal energy programs delegated to the state,
               including energy supply, demand, conservation, or allocation.
           • Analyze present and proposed federal energy programs and make recommendations regarding
               those programs to the Governor and the Legislature.
           • Coordinate efforts to seek federal support or other support for state energy activities, including
               energy conservation, research, or development, and is responsible for the coordination of
               multiagency energy conservation programs and plans.
           • Analyze energy data collected and prepare long-range forecasts of energy supply and demand
               in coordination with the Public Service Commission (PSC), which is responsible for electricity
               and natural gas forecasts, which must contain:
                   o An analysis of the relationship of state economic growth and development to energy
                       supply and demand.
                   o Plans for the development of renewable energy resources and reduction in dependence
                       on depletable energy resources, particularly oil and natural gas, and an analysis of the
                       extent to which renewable energy sources are being utilized in the state.
                   o Consideration of alternative scenarios of statewide energy supply and demand for 5, 10,
                       and 20 years to identify strategies for long-range action, including identification of
                       potential social, economic, and environmental effects.
                   o An assessment of the state’s energy resources, including examination of the availability
                       of commercially developable and imported fuels, and an analysis of anticipated effects
                       on the state’s environment and social services resulting from energy resource
                       development activities or from energy supply constraints, or both.
           • Submit an annual report to the Governor and the Legislature reflecting its activities and making
               recommendations for policies for improvement of the state’s response to energy supply and
               demand and its effect on the health, safety, and welfare of the residents of this state, including a
               report from the PSC on electricity and natural gas and information on energy conservation
               programs, with recommendations for energy efficiency and conservation programs for the state.
           • Promote the development and use of renewable energy resources, consistent with the state
               comprehensive plan and the policy statements made in 2008.
           • Promote energy efficiency and conservation in all energy use sectors in the state, including
               consultation with the Department of Management Services to coordinate energy conservation
               programs of state agencies.



30 S. 377.703, F.S.
STORAGE NAME: h1645.ECC                                                                                       PAGE: 5
DATE: 1/27/2024
            •   Serve as the state clearinghouse for indexing and gathering all information related to energy
                programs in state universities, in private universities, in federal, state, and local government
                agencies, and in private industry and prepare and distribute this information in any manner
                necessary to inform and advise the public.
            •   Coordinate energy-related programs of state government.
            •   Promote a comprehensive research plan for state programs, which must be consistent with
                state energy policy and be updated on a biennial basis.
            •   Prepare an assessment of the state’s renewable energy production credit.

        DACS is also responsible for administering the Florida Renewable Energy Technologies and Energy
        Efficiency Act, 31 which consists of the Renewable Energy and Energy-Efficient Technologies Grant
        Program, and the Florida Green Government Grants Act. 32 Both programs are discussed in further
        detail in this analysis under Energy Grant Programs, below.

        Effect of the Bill

        The bill replaces the current statement of legislative intent concerning the state’s energy policy with a
        more streamlined statement of intent that expresses the purpose of the state’s energy policy. The new
        statement of intent provides:

                The purpose of the state's energy policy is to ensure an adequate and reliable supply of energy
                for the state in a manner that promotes the health and welfare of the public and economic
                growth. The Legislature intends that governance of the state's energy policy be efficiently
                directed toward achieving this purpose.

        For purposes of achieving this new statement of intent, the bill provides a list of specific, fundamental
        policy goals to guide the state’s energy policy. These goals are:
                • Ensuring a cost-effective and affordable energy supply;
                • Ensuring adequate supply and capacity;
                • Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse
                   supply of domestic energy resources;
                • Protecting public safety;
                • Ensuring consumer choice;
                • Protecting the state's natural resources, including its coastlines, tributaries, and waterways;
                   and
                • Supporting economic growth.

        The bill’s revised statement of intent removes current legislative findings related to global climate
        change, and the bill’s list of energy policy goals does not specifically address global climate change.

        Consistent with the bill’s revised statement of legislative intent and its list of energy policy goals, the bill
        revises the energy policy statements in current law. These changes:
            • Specify that it is the state’s policy to promote the “cost-effective development and use of a
               diverse supply of domestic energy resources in the state,” rather than the “effective use of
               energy in the state.”
            • Remove a provision that provides for recognizing and addressing “the potential of global climate
               change” as a state energy policy.
            • Add that promotion of “the cost-effective development and maintenance of energy infrastructure
               that is resilient to natural and manmade threats to the security and reliability of the state's
               energy supply” is a state energy policy.
            • Remove a provision that provides for the state to “play a leading role in developing and
               instituting energy management programs aimed at promoting energy conservation, energy
               security, and the reduction of greenhouse gas emissions.”


31 Ss. 377.801-377.804, F.S.
32 S. 377.808, F.S.
STORAGE NAME: h1645.ECC                                                                                          PAGE: 6
DATE: 1/27/2024
            •    Add that reduction of “reliance on foreign energy resources” is a state energy policy.
            •    Provide that it is the state’s policy to promote energy education and dissemination of public
                 information on energy and its impacts in relation to the list of energy policy goals established by
                 the bill.
            •    Provide that it is the state’s energy policy to consider, in its decision-making, the impacts of
                 energy-related activities on the energy policy goals established in the bill.
            •    Provide that it is the state’s energy policy to encourage the research, development,
                 demonstration, and application of domestic energy resources, including the use of renewable
                 resources.

        The bill also revises DACS’ energy-related duties to be consistent with these changes. First, the bill
        requires that DACS advocate for energy issues consistent with the bill’s list of energy policy goals.
        Next, the bill provides that DACS’ energy data analyses must address potential impacts in relation to
        the bill’s list of energy policy goals. The bill removes a provision that requires these analyses to include
        plans for development of renewable energy resources and reduction in dependence on depletable
        energy resources.

        Reliability and Resilience of Energy Infrastructure and Supply (Sections 1, 8, 17, 19, 20)

        Present Situation

        Florida’s Electrical Power Grid

        •   State Oversight of Electrical Power Plant Development

        The electric power grid primarily consists of a network of transmission lines, substations, distribution
        lines, transformers, and meters that deliver electricity from electrical power plants to homes and
        businesses. Since 1974, the PSC has had jurisdiction over the planning, development, and
        maintenance of a coordinated electric power grid throughout Florida to assure an adequate and reliable
        source of energy for operational and emergency purposes and to avoid uneconomic duplication of
        facilities. 33 The PSC exercises this jurisdiction, in part, through its review of electric utilities’ ten-year
        plans regarding power generating needs and proposed electrical power plant sites 34 and through its
        review of applications for certain electrical power plant additions and expansions under the Florida
        Electrical Power Plant Siting Act (PPSA) 35 and certain intrastate transmission line additions and
        expansions under the Florida Electric Transmission Line Siting Act (TLSA). 36

        Florida’s Department of Environmental Protection (DEP), through its Division of Air Resource
        Management, is charged with protecting and managing Florida’s air resource, including monitoring air
        quality, issuing permits for construction and operation of certain sources of emissions, and enforcing
        compliance by those sources with applicable federal and state regulations. 37

        The PPSA and TLSA establish centrally coordinated permitting processes for the siting of certain
        electrical power plants and transmission lines. These processes are administered by DEP and allow for
        input from state agencies and local governments whose jurisdictions are impacted by a proposed plant
        or transmission line. Both laws are intended “to effect a reasonable balance” between the need for a
        facility and the environmental impact resulting from construction and operation of the facility, including
        air and water quality, fish and wildlife, and water resources and other natural resources of the state. 38



33 Ch. 74-196, L.O.F., codified at s. 366.04(5), F.S.
34 S. 186.801, F.S.
35 Ss. 403.501-403.508, F.S.
36 Ss. 403.52-403.5365, F.S.
37 Florida Department of Environmental Protection (DEP), Division of Air Resource Management, https://floridadep.gov/air

(last visited January 19, 2024); DEP, Florida’s Air Quality,
https://floridadep.gov/sites/default/files/Air%20Quality%20in%20Florida%200816-web.pdf (last visited January 19, 2024).
38 Ss. 403.502 and 403.521, F.S.
STORAGE NAME: h1645.ECC                                                                                          PAGE: 7
DATE: 1/27/2024
         The PSC is the sole forum for determining the need for an electrical power plant subject to the PPSA or
         a transmission line subject to the TLSA. 39 The PSC’s affirmative determination of need is required
         before DEP will conduct a project analysis and certification hearing for an electrical power plant or
         transmission line. 40

         For purposes of certification under the PPSA, an electrical power plant includes any steam or solar
         electrical generating facility using any process or fuel (excluding facilities of less than 75 megawatts
         (MW) in capacity), plus the site, associated facilities physically or indirectly connected to the site, and
         associated power lines that connect the proposed plant to the electric grid. 41 Thus, most of the state’s
         large, baseload power plants, including natural gas combined cycle power plants, coal power plants,
         and nuclear power plants, require certification under the PPSA. Most utility-scale solar facilities in
         Florida have been configured to fall just below the 75 MW threshold and have not required certification
         under the PPSA.

         In determining the need for an electrical power plant, the PSC must take into account:
             • The need for electric system reliability and integrity;
             • The need for adequate electricity at a reasonable cost;
             • The need for fuel diversity and supply reliability;
             • Whether the proposed plant is the most cost-effective alternative available;
             • Whether renewable energy sources and technologies, as well as conservation measures, are
                 utilized to the extent reasonably available;
             • The conservation measures taken by or reasonably available to the applicant or its members
                 which might mitigate the need for the proposed plant; and
             • Other matters within its jurisdiction which it deems relevant. 42

         The PSC’s determination of need for an electrical power plant creates a presumption of public need
         and necessity for the plant. 43

         In determining the need for a transmission line, the PSC must take into account:
             • The need for electric system reliability and integrity;
             • The need for abundant, low-cost electrical energy to assure the economic well-being of the
                 residents of this state;
             • The appropriate starting and ending point of the line; and
             • Other matters within its jurisdiction which it deems relevant. 44

         Ultimately, the Governor and Cabinet, who sit as the siting board, must consider the PSC’s
         determination of need along with land use and environmental issues when determining whether a
         proposed electrical power plant or transmission line should be approved, approved with modifications
         or conditions, or denied. 45

         •   Proposed EPA Rules on Greenhouse Gas Emissions

         In May 2023, the U.S. Environmental Protection Agency (EPA) proposed new rules to limit GHG
         emissions from new and existing fossil fuel-fired electrical power plants and invited comments on its
         proposed rules. Under these proposed rules, the specific standards vary by the type of power plant
         (e.g., new or existing, coal-fired or natural-gas fired), how frequently it is used (base load, intermediate
         load, or peak load 46), and its operating horizon. 47



39 Ss. 403.519 and 403.537, F.S.
40 Ss. 403.507(4) and 403.537(1)(d), F.S.
41 Ss. 403.503(14) and 403,506(1), F.S.
42 S. 403.519(3), F.S.
43 Id.
44 S. 403.537(1)(c), F.S.
45 Ss. 403.509(3) and 403.529, F.S.
46 Though these terms may have more specific meanings in the EPA’s proposed rule, in general:
STORAGE NAME: h1645.ECC                                                                                        PAGE: 8
DATE: 1/27/2024
        For existing fossil fuel-fired stationary combustion turbines (primarily natural gas-fired units), these
        proposed standards require the use of either:
            • Carbon capture and sequestration (CCS) technologies that achieve a 90% capture of GHG
                emissions by 2035; or
            • The use of 30% (by volume) hydrogen produced from low-GHG emitting fuels to help fuel (“co-
                fire”) the plant by 2032, increasing to 96% by 2038. 48

        For existing fossil fuel-fired steam generating units (primarily coal-fired units), the proposed standards
        vary based on the operating horizon of the unit. Units committed either to cease operations by January
        1, 2032, or to cease operations by January 1, 2035, and operate at a capacity factor limit of 20 percent,
        face no requirements beyond routine maintenance. Units committed to cease operations by January 1,
        2040, must co-fire with 40% (by volume) natural gas and achieve a 16 percent emissions rate reduction
        by 2030. 49

        The proposed rules would require states, within 24 months of the effective date of the emissions
        guidelines, to submit plans to the EPA that provide for the establishment, implementation, and
        enforcement of standards of performance for existing sources. These state plans must generally
        establish standards that are at least as stringent as EPA’s emission guidelines. 50

        Both the PSC and DEP submitted comments in opposition to the proposed rules. In its response, the
        PSC noted that:

                As of 2021, nearly 70% of Florida’s electricity generation came from natural gas and nearly 10%
                from coal. In 2031, the combined share of natural gas- and coal-fired electricity is currently
                estimated to be close to 70%. Therefore, a significant percentage of the generation in Florida
                could be impacted by the Proposed Rule. The FPSC has concerns that the Proposed Rule will
                adversely affect the reliability and cost of electricity service in Florida. 51 (footnotes omitted)

        Further, both the PSC and DEP noted that CCS and hydrogen co-firing have not been adequately
        demonstrated and that the proposed performance standards are not achievable by Florida’s power
        plant operators. 52 DEP further commented:


    •    “Base load” power plants normally supply all or part of the minimum, or base, demand (load) on the electric power
         grid; a base load generating unit runs continuously, producing electricity at a nearly constant rate throughout most
         of the day.
     • “Peak load,” or “peaking,” power plants help to meet electricity demand when demand is at its highest, or peak,
         such as in the late afternoon when electricity use for air conditioning increases during hot weather.
     • “Intermediate load” power plants provide load responsive operation between base load and peaking service; the
         demand profile varies over time and intermediate sources are in general technically and economically suited for
         following the changes in demand.
See, e.g., EIA, Electricity explained, https://www.eia.gov/energyexplained/electricity/electricity-in-the-us-generation-
capacity-and-sales.php (last visited Jan. 22, 2024).
47 EPA, Fact Sheet – Greenhouse Gas Standards and Guidelines for Fossil Fuel-Fired Power Plants, Proposed Rule (Fact

Sheet), https://www.epa.gov/system/files/documents/2023-05/FS-OVERVIEW-GHG-
for%20Power%20Plants%20FINAL%20CLEAN.pdf (last visited Jan. 22, 2024).
48 Id. New base load units of the same type must satisfy these same standards and must use the most efficient available

turbines. New intermediate load units of the same type must be co-fired with 30% (by volume) hydrogen produced from
low-GHG emitting fuels by 2032 and must use the most efficient available turbines.
49 Id.
50 Id.
51 Comments of the Florida Public Service Commission, Aug. 3, 2023, U.S. EPA Docket No. EPA-HQ-OAR-2023-0072:

New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil
Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired
Electric Generating Units; and Repeal of the Affordable Clean Energy Rule.
52 Id. See also Comments by the Florida Department of Environmental Protection (DEP Comments), Aug. 8, 2023, U.S.

EPA Docket No. EPA-HQ-OAR-2023-0072: New Source Performance Standards for Greenhouse Gas Emissions From
New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas
Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule.
STORAGE NAME: h1645.ECC                                                                                              PAGE: 9
DATE: 1/27/2024
                 By prioritizing the use of unfounded technologies to force a reduction in readily available
                 generation assets, the [EPA] places the reliability, affordability, and capacity of the nation’s
                 energy supply at risk. This risk is especially concerning given Florida’s geographic position and
                 natural susceptibility to hurricanes and natural disasters. 53

          In its comments, the PSC asked that the EPA address these concerns by providing electric generating
          units (EGUs) with adequate timeframes and flexibility. The PSC stated that:

                 [A] longer glide path for implementation would provide EGUs with adequate time to plan, invest,
                 and optimize compliance measures, and it would facilitate a smoother integration of new
                 technologies while enabling necessary infrastructure upgrades and a phased retirement or
                 retrofitting of existing assets if required. This approach also avoids premature retirements that
                 could result in stranded investments and potential reliability concerns. Moreover, a longer
                 transition period would allow for additional development and deployment of advanced
                 technologies, avoiding potential grid instability and ensuring the viability, scalability, and cost-
                 effectiveness of emerging technologies before widespread implementation. 54

          •   Electrical Power Plant Retirements

          Current law does not require approval of a decision to retire an electrical power plant. Retirements
          generally occur when an electric utility is unable to economically operate or maintain the plant due to
          environmental, economic, or technical concerns. 55 Planned retirements are reflected in annual, long-
          term plans submitted by electric utilities to the PSC for preliminary study. 56

          Smart Grid

          The concept of a “smart grid” involves overlaying the electric power grid with digital technology that
          allows for two-way communication between utilities, components of their systems, and their customers
          and remote sensing along transmission and distribution lines. 57 Some of the benefits of a smart grid
          include:
              • More efficient transmission of electricity;
              • Quicker restoration of electricity after power disturbances;
              • Reduced operations and management costs for utilities, and ultimately lower power costs for
                  consumers;
              • Providing information that allows consumers to better manage usage and costs;
              • Reduced peak demand, which may also help lower electricity rates;
              • Increased integration of large-scale renewable energy systems;
              • Better integration of customer-owner power generation systems; and
              • Improved security. 58

          Many Florida electric utilities have taken steps to begin modernizing their electric grids to provide some
          of this functionality. 59 Smart grids continue to evolve as technologies are perfected, equipment is
          installed, and systems are tested. 60

53 Id..
54 FPSC Comments, supra note 51.
55 FPSC, supra note 3, at 37.
56 See, generally, s. 186.801, F.S., requiring electric utilities to submit “10-year site plans” to the PSC for a preliminary

study and specifying the topics to be addressed in the PSC’s preliminary study.
57 U.S. DOE, Office of Electricity, The Smart Grid, https://www.smartgrid.gov/the_smart_grid/smart_grid.html (last visited

Jan. 26, 2024).
58 Id.
59 See, e.g., Presentations to the Florida House of Representatives, Commerce Committee, by Brian Lloyd, Duke Energy

Florida, Building a Smarter Energy Future (Nov. 14, 2023) and David Lukcic, TECO Tampa Electric, Grid Modernization
Transformative Journey (Nov. 14, 2023) available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3220&S
ession=2024&DocumentType=Meeting+Packets&FileName=com+11-14-23.pdf (last visited Jan. 26, 2024).
STORAGE NAME: h1645.ECC                                                                                                  PAGE: 10
DATE: 1/27/2024
        Natural Gas Infrastructure

        Natural gas is transported to Florida consumers via three major interstate pipelines: Florida Gas
        Transmission Company (3.2 billion cubic feet, or bcf, per day), Gulfstream Natural Gas System (1.4 bcf
        per day), and Sabal Trail Interstate Pipeline (1.1 bcf per day). Florida also receive natural gas from two
        minor interstate pipelines: Gulf South Pipeline Company reaches into northwest Florida, and Southern
        Natural Gas reaches into north Florida. 61 Companies seeking to build interstate natural gas pipelines
        must obtain certificates of public convenience and necessity issued by the Federal Energy Regulatory
        Commission (FERC). FERC considers both economic and environmental factors in its review. 62

        Construction and operation of intrastate natural gas pipelines generally require approval through a
        process similar to the PPSA and TLSA processes. The Natural Gas Transmission Pipeline Siting Act
        (NGTPSA) 63 is the state’s process for licensing the construction and operation of such pipelines within
        Florida. 64 The NGTPSA provides a centralized and coordinated permitting process for the location of
        natural gas transmission pipeline corridors and the construction and maintenance of natural gas
        transmission pipelines in Florida. 65

        An intrastate natural gas pipeline does not require certification if the pipeline:
            • Is less than 15 miles long or does not cross a county line; 66
            • Has been issued a certificate of public convenience and necessity by FERC under s. 7 of the
                Natural Gas Act; 67
            • Has been certified as an associated facility to an electrical power plant pursuant to the PPSA; 68
                or
            • Is owned or operated by a municipality or an agency thereof, by any person primarily for the
                local distribution of natural gas, or by a special district created by special act to distribute natural
                gas. 69

        These exceptions do not preclude an applicant from applying for certification under the NGTPSA. 70

        The U.S. Department of Transportation/Pipeline and Hazardous Materials Safety Administration
        (PHMSA) implements federal pipeline safety standards for interstate and intrastate gas pipelines,
        hazardous liquid pipelines, and underground natural gas storage under the Pipeline Safety Act. 71 The
        Pipeline Safety Act authorizes state assumption of the intrastate regulatory, inspection, and
        enforcement responsibilities subject to an annual certification with PHMSA. 72 State agencies must
        adopt standards that comply with the Pipeline Safety Act to qualify for certification.

        In Florida, The Gas Safety Law of 1967 authorizes the PSC to regulate the safe transmission and
        distribution of natural gas in Florida. 73 The Gas Safety Law grants the PSC exclusive jurisdiction over
        “all persons, corporations, partnerships, associations, public agencies, municipalities, or other legal
        entities engaged in the operation of gas transmission or distribution facilities with respect to their


60 DOE, supra note 57.
61 FPSC, supra note 5, at 13 and 17.
62 See Congressional Research Service, Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress,

Jun. 9, 2024, available at https://crsreports.congress.gov/product/pdf/R/R45239 (last visited Jan. 23, 2024).
63 Ss. 403.9401-403.9425, F.S.
64 Florida Department of Environmental Protection, Natural Gas Pipeline Siting Act (July 27, 2022),

https://floridadep.gov/water/siting-coordination-office/content/natural-gas-pipeline-siting-act (last visited Jan. 18, 2024).
65 S. 403.9402, F.S.
66 S. 403.9405(2)(a), F.S.
67 S. 403.9405(2)(b), F.S.
68 S. 403.9405(2)(b), F.S.
69 S. 403.9405(2)(c), F.S.
70 S. 403.9405(2)(a)-(c), F.S.
71 See 49 U.S.C. §§ 60102-60143.
72 49 U.S.C. §§ 60105(e), 60106(d).
73 S. 368.01-061, F.S.
STORAGE NAME: h1645.ECC                                                                                                 PAGE: 11
DATE: 1/27/2024
        compliance with the rules and regulations governing safety standards.” 74 Under this authority, the PSC
        promulgates rules covering the design, improvement, fabrication, installation, inspection, repair,
        reporting, testing, and safety standards of gas transmission and gas distribution systems. 75 The PSC is
        currently the state agency certified by PHMSA to inspect and enforce intrastate gas pipelines. 76

        Land Development Regulations and Comprehensive Plans

        Under the Community Planning Act, local governments manage local growth through comprehensive
        plans enforced by local land use ordinances. 77 The Act prescribes certain principles, guidelines,
        standards, and strategies to allow for an orderly and balanced future land development 78 and outlines
        the required and optional elements of a comprehensive plan. 79 Local governments are directed to
        create and adopt comprehensive plans which are sensitive to private property rights, have no undue
        restrictions, and leave property owners free from government action that would harm their property or
        constitute an inordinate burden on their property rights. 80

        Effect of the Bill

        Electrical Power Plant Retirements

        The bill requires that a public utility must seek approval from the PSC to retire the same types of
        electrical power plants that require a determination of need from the PSC. Specifically, the bill defines
        an electrical power plant for these purposes as any steam or solar electrical generating facility that
        uses any process or fuel, including nuclear materials, with a capacity of 75 megawatts or more, along
        with all associated facilities necessary for the continued operation of the electrical power plant, such as
        facilities that are physically connected to the electrical power plant and facilities that are used to
        connect the electrical power plant to an existing transmission network.

        The bill requires a utility to provide the PSC with 30 days’ notice of its intent to file for approval of a
        power plant retirement. The PSC must enter a final order approving, approving with conditions, or
        denying such a request within 180 days. The bill requires the PSC, in making its determination, to take
        into account many of the same factors required when determining the need for a new or expanded
        electrical power plant. Specifically, the PSC must take into account the impact of the proposed
        retirement on:
             • Electric system reliability, resilience, and integrity.
             • The ability to provide adequate electricity at a reasonable cost, including potential rate impacts.
             • Fuel diversity and supply reliability.
             • The use of domestic energy resources, including renewable energy resources.
             • The state's energy policy goals established in the bill, as previously discussed.

        If the PSC determines that the basis for retirement is a requirement or inducement provided in a
        proposed or actual federal regulation and that such retirement is inconsistent with the state's energy
        policy goals established in the bill, as discussed above, the bill requires the PSC to inform and provide
        technical support to the Attorney General, as needed, to address the inconsistency.

        Development of Smart Grid Policies

        The bill explicitly recognizes “the continued development and growth of markets for technologies that
        allow businesses and consumers to generate, store, and manage electrical energy for their own use,”
        and that “the use of these technologies has the potential to significantly impact the electric grid and
        consumer choice.” The bill directs the PSC to ensure that these technologies are used in a manner that

74 S. 368.05(1), F.S.; see also S. 368.021, F.S. (providing more entities subject to PSC jurisdiction).
75 See ch. 25-12, F.A.C.
76 Florida Public Service Commission, Agency Analysis of 2023 House Bill 81, p. 2 (October 26, 2023).
77 S. 163.3167(1)(b), F.S.
78 S. 163.3167(2), F.S.
79 S. 163.3177, F.S.
80 S. 163.3161(10), F.S. Specifically, such plans
STORAGE NAME: h1645.ECC                                                                                    PAGE: 12
DATE: 1/27/2024
       maintains the integrity of the state’s electric power grid through market-based policies for consumers
       and public utilities and through grid improvements that ensure the safe, reliable, and cost-effective use
       of electricity from these technologies.

       Specifically, the bill requires the PSC to develop policies that:
          • Establish programs and rate mechanisms for smart energy demand response and for
               customer-owned generation and energy storage exported to the grid or used to enhance grid
               stability or resilience and reduce costs, so that financial benefits are shared among users of
               these technologies, public utilities, and their general body of ratepayers based on the value
               provided by and to each party;
          • Address the modernization of the state's electric grid to ensure that the necessary
               infrastructure is in place to implement these programs and rate mechanisms; and
          • Ensure that equipment used by utilities and consumers to implement and participate in these
               programs and rate mechanisms is manufactured in the United States or in countries engaged
               in commerce with the United States pursuant to free trade agreements.

       The bill provides that these policies, including the basis for each policy and any other relevant matters,
       must be submitted in a report to the Legislature for consideration and, with the exception of limited pilot
       projects or programs, may not be implemented until approved by the Legislature.

       Intrastate Natural Gas Pipeline Permitting

       The bill increases the minimum length of an intrastate natural gas pipeline that requires certification
       under the NGTPSA from 15 miles to 100 miles. A natural gas transmission pipeline company may still
       obtain certification under the NGTPSA if it chooses to do so.

       Land Development Regulations and Comprehensive Plans for Certain Natural Gas Facilities

       The bill defines the term “resiliency facility” as a facility owned and operated by a public utility for the
       purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary
       use during a system outage or natural disaster. Under the bill, “natural gas reserve” means a facility
       that is capable of storing and transporting and, when operational, actively stores and transports a
       supply of natural gas.

       The bills states that a resiliency facility is a permitted use in all commercial, industrial, and
       manufacturing land use categories in a local government comprehensive plan and in all commercial,
       industrial, and manufacturing districts.

       Under the bill, a resiliency facility must comply with the setback and landscape criteria for other similar
       uses. As long as buffer and landscaping requirements do not exceed the requirements for similar uses
       in commercial, industrial, and manufacturing land use categories and zoning districts, a local
       government may adopt an ordinance specifying such requirements for resiliency facilities.

       The bill provides that after July 1, 2024, a local government may not amend its comprehensive plan,
       land use map, zoning districts, or land development regulations in a way that would conflict with a
       resiliency facility’s classification as a permitted and allowable use, including, but not limited to, a
       nonconforming use, structure, or development.

       Security and Resiliency Assessment of Electric and Natural Gas Infrastructure

       The bill requires the PSC to conduct an assessment of the security and resiliency of the state's electric
       grid and natural gas facilities against both physical threats and cyber threats and requires the PSC to
       consult with the Florida Digital Service in assessing cyber threats. The bill provides that all electric
       utilities, natural gas utilities, and natural gas pipelines operating in this state, regardless of ownership
       structure, shall cooperate with the PSC to provide access to all information necessary to conduct the
       assessment.

STORAGE NAME: h1645.ECC                                                                                       PAGE: 13
DATE: 1/27/2024
        The bill requires the PSC, by January 1, 2025, to submit a report of its assessment to the Governor, the
        President of the Senate, and the Speaker of the House of Representatives. The report must also
        contain any recommendations for potential legislative or administrative actions that may enhance the
        physical security or cyber security of the state's electric grid or natural gas facilities.

        Provision of Transportation Fuels by Public Utilities (Sections 7 and 9)

        Present Situation

        Under Florida law, the term “public utility” includes providers of electricity or natural gas, with the
        exception of rural cooperatives, municipal utilities, special districts, and wholesale-only pipeline
        companies. 81 With the growing use of EVs, most public electric utilities in the state have begun to offer
        EV charging services through their own public charging equipment, charging equipment at customer
        premises, or both. These services are typically provided under pilot programs and at rates approved by
        the PSC. Some public natural gas utilities in Florida support natural gas vehicle fueling under specific
        rate schedules approved by the PSC, either through publicly accessible compressed natural gas fueling
        facilities or through delivery of such gas to customer premises for use by the customer to fuel vehicles
        (typically for fleet fueling).

        Effect of the Bill

        The bill provides that the PSC, without specific legislative authority, may not authorize a public utility to
        expand the scope of its regulated business activity to include direct sales of energy to a consumer
        solely for the consumer's use in powering means of transportation owned by the consumer. The bill
        provides that it does not apply to limited or pilot programs approved by the PSC before January 1,
        2024.

        The bill provides specific authority for the PSC to approve public utility programs for residential,
        customer-specific EV charging if the PSC determines that the rates and rate structure of the program
        will not adversely impact the public utility's general body of ratepayers. The bill requires that all
        revenues received from the program must be credited to the utility's retail ratepayers. The bill provides
        that it does not preclude cost recovery for EV charging programs approved by the PSC before January
        1, 2024.

        Energy Guidelines for Public Business (Section 2)

        Present Situation

        Current law requires state agencies to follow specified guidelines to promote energy efficiency and
        other environmental benefits when conducting public business. 82 Such guidelines require state
        agencies to:
           • Consult the Florida Climate-Friendly Preferred Products List 83,84 when procuring products from
               state term contracts85 and procuring such products if the price is comparable; 86


81 S. 366.02(8), F.S.
82 S. 286.29, F.S.
83 The Florida Climate-Friendly Preferred Products List is developed by the Department of Management Services (DMS),

which works with the Department of Environmental Protection to continually assess the list. The list identifies specific
products and vendors that offer energy efficiency or other environmental benefits over competing products. See s.
286.29(1), F.S.
84 The Florida Climate-Friendly Preferred Products List was last updated in January of 2021 and contains 12

recommended products, which all are categorized as either hand sanitizer or cleaning supplies. See Florida Climate-
Friendly Preferred Products List, Department of Management Services (Jan. 2021),
https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/florida_climate-
friendly_preferred_products_list (last visited Jan. 12, 2024).
85 A state term contract is a contract for commodities or contractual services that is competitively procured by DMS and is

used by agencies and other eligible users. See ss. 287.012(28), F.S. and 287.042(2)(a), F.S
86 S. 286.29(1), F.S.
STORAGE NAME: h1645.ECC                                                                                            PAGE: 14
DATE: 1/27/2024
            •    Contract for meeting and conference space only with facilities that have received the “Green
                 Lodging” designation from DEP for best practices in water, energy, and wastewater efficiency
                 standards, absent a determination from the agency head that no other viable alternative
                 exists; 87
            •    Ensure all maintained vehicles meet minimum maintenance schedules shown to reduce fuel
                 consumption and reporting compliance to the Department of Management Services (DMS); 88
                 and
            •    Use ethanol and biodiesel blended fuels when available. State agencies administering central
                 fueling operations for state-owned vehicles must procure biofuels for fleet needs to the greatest
                 extent practicable. 89

        Additionally, when procuring new vehicles, state agencies, state universities, community colleges, and
        local governments that purchase vehicles under a state purchasing plan must first define the intended
        purpose for the vehicle and determine which statutorily listed use class 90 the vehicle is being procured
        for. These vehicles must be selected based on the greatest fuel efficiency available for the appropriate
        use class when fuel economy data is available. Exceptions may be made for emergency response
        vehicles in certain circumstances. 91

        Goods Produced by Child and Forced Labor

        The Bureau of International Labor Affairs (ILAB) in the United States Department of Labor maintains a
        list of goods and the countries which they are sourced from which ILAB has reason to believe are
        produced by child labor or forced labor. ILAB maintains this list to raise awareness about these issues
        in an effort to combat them. This list also provides information to consumers by highlighting product
        categories that may be at risk of being produced with child labor or forced labor. 92

        Effect of the Bill

        Under the bill, DMS is no longer required to maintain the Florida Climate-Friendly Preferred Products
        List, and state agencies are no longer required to consult the list when procuring products from state
        term contracts.

        The bill repeals the requirement that state agencies contract for meeting and conference space only
        with hotels or conference facilities that have received the “Green Lodging” designation.

        Under the bill, state agencies, local governments, state universities, and community colleges procuring
        a new vehicle no longer have to select each vehicle based on the greatest fuel efficiency available for
        the use class.

        The bill requires DMS, in consultation with the Department of Commerce (COM) and DACS, to develop
        the Florida Humane Preferred Energy Products List. In developing the list, DMS must assess products
        currently available for purchase under state term contracts and identify specific products that appear to
        be largely made free from forced labor if the products contain or consist of:
            • An energy storage device with a capacity of greater that one kilowatt, or
            • An energy generation device with a capacity of greater than 500 kilowatts.

        Under the bill, the term “forced labor” means any work performed or service rendered that is:

87 S. 286.29(2), F.S.
88 S. 286.29(3), F.S.
89 S. 286.29(5), F.S.
90 Vehicle use classes include: state business travel, designated operator; state business travel, pool operators;

construction, agricultural, or maintenance work; conveyance of passengers; conveyance of building or maintenance
materials and supplies; off-road vehicle, motorcycle, or all-terrain vehicle; emergency response; or other. S. 286.29(4),
F.S.
91 S. 286.29(4), F.S.
92 U.S. Department of Labor, Bureau of International Labor Affairs, List of Goods Produced by Child Labor or Forced

Labor, https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods (last visited Jan. 12, 2024).
STORAGE NAME: h1645.ECC                                                                                              PAGE: 15
DATE: 1/27/2024
           •   Obtained by intimidation, fraud, or coercion, including by threat of serious bodily harm to, or
               physical restraint against, a person, by means of a scheme intended to cause the person to
               believe that if he or she does not perform such labor or render such service, the person will
               suffer serious bodily harm or physical restraint, or by means of the abuse or threatened abuse
               of law or the legal process;
           •   Imposed on the basis of a characteristic that has been held by the United States Supreme Court
               or the Florida Supreme Court to be protected against discrimination under the Fourteenth
               Amendment to the United States Constitution or under s. 2, Art. I of the State Constitution,
               including race, color, national origin, religion, gender, or physical disability;
           •   Not performed or rendered voluntarily by a person; or
           •   In violation of the Child Labor Law or otherwise performed or rendered through oppressive child
               labor.

       When procuring the specified energy storage and generation devices, state agencies and political
       subdivisions must consult the Florida Humane Preferred Energy Products List and only purchase
       products from the list.




STORAGE NAME: h1645.ECC                                                                               PAGE: 16
DATE: 1/27/2024
        Energy Grant Programs (Sections 13-16)

        Present Situation

        Renewable Energy and Energy-Efficient Technologies Grant Program

        The Renewable Energy and Energy-Efficient Technologies (REET) Grant Program is established within
        DACS to provide matching grants for demonstration, commercialization, research, and development
        projects relating to renewable energy technologies and innovative technologies that significantly
        increase energy efficiency for vehicles and commercial buildings. 93 The REET program is no longer
        active. 94

        Florida Green Government Grants Act

        DACS also administers the Florida Green Government Grants Act. 95 DACS is directed to adopt rules
        and come up with green government standards that provide for cost-efficient solutions, reducing
        greenhouse gas emissions, improving quality of life, and strengthening the state’s economy. 96 DACS
        must administer the program to assist local governments, including municipalities, counties, and school
        districts in the development and implementation of programs that achieve green standards. 97 The
        Florida Green Government Grants program is no longer active. 98

        Energy Economic Zone Pilot Program

        In 2009, the Legislature authorized the creation of the Energy Economic Zone Pilot Program for the
        purpose of developing a model area that incorporates energy-efficient land-use patterns, cultivates
        green economic development, encourages the generation of renewable electric energy, and promotes
        the manufacturing of “green” products and jobs. 99 Florida law directs the Department of Commerce, 100
        in consultation with the Department of Transportation to implement the program. 101

        Qualified Energy Conservation Bond Allocation

        Qualified Energy Conservation Bonds (QECBs) are taxable bonds that are issued by state or local
        governments to finance one or more qualified energy conservation purpose. QCEBs are federally
        funded, with Congress first authorizing the program in 2008. Examples of qualified projects include
        energy efficiency capital expenditures in public buildings, green communities, renewable energy
        production, and energy efficiency education campaigns. 102 Current law authorizes DACS to establish
        an allocation program for Florida’s QCEB allocation in accordance with federal law. 103


        Effect of the Bill


93 S. 377.804, F.S.
94 Email from Isabelle Garbarino, Director of Legislative Affairs, Florida Department of Agriculture and Consumer

Services, RE: [External]RE: Question about grants programs (Jan. 22, 2024).
95 S. 377.808, F.S.
96 S. 377.808(2), F.S.
97 Id.
98 Email from Isabelle Garbarino, Director of Legislative Affairs, Florida Department of Agriculture and Consumer

Services, RE: [External]RE: Question about grants programs (Jan. 22, 2024).
99 S. 377.809(1), F.S.
100 In 2023, the Department of Economic Opportunity was renamed as the Department of Commerce. See Chapter 2023-

173, Laws of Fla.
101 S. 377.809(1), F.S.
102 Kelly Smith Burk, Florida Department of Agriculture and Consumer Services, Qualified Energy Efficiency Conservation

Bonds (QCEB) Formula Allocations to Large Local Jurisdiction (Apr. 23, 2015),
https://ccmedia.fdacs.gov/content/download/60128/file/FDACS%27_Memorandum_regarding_Qualified_Energy_Conserv
ation_Bond_Formula_Allocations_to_Large_Local_Governments.pdf (last visited Jan. 25, 2024).
103 S. 377.816, F.S.
STORAGE NAME: h1645.ECC                                                                                             PAGE: 17
DATE: 1/27/2024
         The bill repeals the REET Grant Program, the Florida Green Government Grants Act, the Energy
         Economic Zone Pilot Program, and all provisions related to Qualified Energy Conservation Bonds.

         Under the bill, no new applications, certifications, or allocations may be approved; no new letters of
         certification may be issued; no new contracts or agreements may be executed; and no new awards
         may be made for the repealed programs. All certifications or allocations issued under such programs
         are rescinded except for the certifications of, or allocations to, those certified applicants or projects that
         continue to meet the applicable criteria in effect before July 1, 2024. Any existing contract or agreement
         authorized under any of these programs shall continue in full force and effect in accordance with the
         statutory requirements in effect when the contract or agreement was executed or last modified.
         However, further modifications, extensions, or waivers may not be made or granted relating to such
         contracts or agreements, except computations by the Department of Revenue of the income generated
         by or arising out of the qualifying project.

         Consumer Choice of Energy Resources (Sections 5, 6, 18)

         Present Situation

         Services on Florida’s Turnpike System

         Florida’s Turnpike, extending from Lake County to Miami Gardens, is operated by the Florida
         Department of Transportation (DOT), and is used daily by more than three million customers. 104 The
         DOT is permitted to enter into contracts or licenses with any person for the sale of services or products
         or business opportunities on the turnpike. 105 Services, business opportunities, and products authorized
         to be sold include, but are not limited to 106:

              •   Motor fuel;
              •   Vehicle towing and maintenance services;
              •   Food with attendant nonalcoholic beverages;
              •   Lodging, meeting rooms, and other business services opportunities;
              •   Advertising and other promotional opportunities;
              •   State lottery tickets sold by authorized retailers;
              •   Games and amusements that operate by the application of skill;
              •   Florida citrus, goods promoting the state, or handmade goods produced within the state; and
              •   Travel information, tickets, reservations, or other related services.

         Vendors are incentivized to provide services, business opportunities, and products on the turnpike as
         anyone the DOT has a contract or license with to provide these services, business opportunities, and
         products is not required to pay any commercial rental tax imposed under s. 212.031, F.S., on any
         capital improvements constructed, improved, acquired, installed, or used for such purposes. 107

         Community Development Districts

         Community development districts (CDDs) are a type of independent special district intended to provide
         urban community services in a cost-effective manner by managing and financing the delivery of basic
         services and capital infrastructure to developing communities without overburdening other governments
         and their taxpayers. 108 As of January 18, 2024, there were 961 active CDDs in Florida. 109




104 Florida’s Turnpike, https://floridasturnpike.com/ (last visited Jan. 13, 2024).
105 S. 338.234(1), F.S.
106 S. 338.234(1), F.S.
107 S. 338.234(2), F.S.
108 S. 190.002(1)(a), F.S.
109 Dept. of Commerce, Special District Accountability Program, Official List of Special Districts, available at

https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited Jan. 26, 2024).
STORAGE NAME: h1645.ECC                                                                                            PAGE: 18
DATE: 1/27/2024
        Each CDD is governed by a five-member board elected by the landowners of the district on a one-acre,
        one-vote basis. 110 Board members serve four-year terms, except some initial board members serve a
        two-year term for the purpose of creating staggered terms. 111 After the sixth year (for districts of up to
        5,000 acres) or the 10th year (for districts exceeding 5,000 acres or for a compact, urban, mixed-use
        district 112) following the CDD’s creation, each member of the board is subject to election by the electors
        of the district at the conclusion of their term. However, this transition does not occur if the district has
        fewer than 250 qualified electors (for districts of up to 5,000 acres) or 500 qualified electors (for districts
        exceeding 5,000 acres or for a compact, urban, mixed-use district). 113

        Homeowners’ Associations

        A homeowners’ association (HOA) is an association of residential property owners in which voting
        membership is made up of parcel owners and membership is a mandatory condition of parcel
        ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
        parcel. 114

        Only HOAs whose covenants and restrictions include mandatory assessments are regulated under
        chapter 720, F.S., the Homeowners’ Association Act (HOA Act). An HOA is administered by an elected
        board of directors (board). The powers and duties of an HOA include the powers and duties provided in
        the HOA Act and in the association’s governing documents, which include the recorded covenants and
        restrictions, together with the bylaws, articles of incorporation, and duly adopted amendments to those
        documents. 115

        An HOA must be a Florida corporation, and the initial governing documents must be recorded in the
        official records of the county in which the community is located. The powers and duties of an
        association include those set forth in the HOA Act and in the governing documents, except as
        expressly limited or restricted in the HOA Act.

        HOA governing documents may not:
          • Prohibit a homeowner from displaying up to two portable, removable flags in a respectful
             manner, consistent with the requirements for the United States flag. 116
          • Prohibit any property owner from implementing Florida-friendly landscaping 117 on his or her land
             or create any requirement or limitation in conflict with any provision of part II of Chapter 373,
             F.S., regarding consumptive uses of water or a water shortages order. 118
          • Prohibit solar collectors, clotheslines, or other energy devices based on renewable resources
             from being installed on buildings erected on the lots or parcels covered by the deed restriction,
             covenant, declaration, or binding agreement. 119

        Additionally, HOAs may not restrict the installation, display, and storage of any items on a parcel that
        are not visible from the parcel’s frontage or an adjacent parcel, unless the item is prohibited by general
        law or local ordinance. Such items include, but are not limited to: 120

110 S. 190.006(2), F.S.
111 S. 190.006(1), F.S.
112 S. 190.006(3)(a)2.a., F.S. A “compact, urban, mixed-use district” is a district located within a municipality and a CRA

that consists of a maximum of 75 acres, and has development entitlements of at least 400,000 square feet of retail
development and 500 residential units. S, 190.003(7), F.S.
113 S. 190.006(3)(a)2.b., F.S.
114 S. 720.301(9), F.S.
115 See generally ch. 720, F.S.
116 S. 720.3075(3), F.S.
117 Section 373.185, F.S., defines “Florida-friendly landscaping” as quality landscapes that conserve water, protect the

environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include
planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife,
responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection.
Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of
solid waste compost, minimizing the use of irrigation, and proper maintenance.
118 S. 720.3075(4), F.S.
119 S. 163.04(2), F.S.
STORAGE NAME: h1645.ECC                                                                                                PAGE: 19
DATE: 1/27/2024
           •   Artificial turf;
           •   Boats;
           •   Flags; and
           •   Recreational vehicles.

        Effect of the Bill

        Fueling Services on Florida’s Turnpike System

        The bill requires DOT, if it has a preexisting contract or license for the sale of motor fuel or charging
        services at a service station along the turnpike, to offer potential access to vendors of alternative motor
        vehicle fuels and repowering stations along the turnpike system, including, but not limited to:
           • Hydrogen;
           • Compressed natural gas; and
           • Liquefied natural gas.

        The bill allows vendors of hydrogen, compressed natural gas, and liquefied natural gas to have the
        opportunity to place fueling stations along the turnpike without being preempted by previously entered
        contracts or licenses with established motor fuel or charging service vendors. As consumer demand for
        these additional fueling options grows, the bill may provide turnpike users with access to these options.

        Vendors of hydrogen, compressed natural gas, and liquefied natural gas will not be required to pay any
        commercial tax imposed under s. 212.032, F.S.

        Prohibition of CDD Energy Use Restrictions

        The bill provides that development district resolutions, ordinances, rules, codes, or policies, may not
        take any action that restricts or prohibits, or has the effect of restricting or prohibiting, certain types or
        fuel sources of energy production which may be used, delivered, converted, or supplied by the
        following entities to serve customers that these entities are authorized to serve:
             • Investor-owned electric utilities;
             • Municipal electric utilities;
             • Rural electric cooperatives;
             • Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
             • Investor-owned gas utilities;
             • Gas districts;
             • Municipal natural gas utilities;
             • Natural gas transmission companies; and
             • Certain propane dealers, dispensers, and gas cylinder exchange operators.

        The bill also provides that development district resolutions, ordinances, rules, codes, or policies, may
        not take any action that restricts or prohibits, or have the effect of restricting or prohibiting, the use of
        any appliance, 121 including a stove or grill, which uses the types or fuel source of energy production
        which may be used, delivered, converted, or supplied by the entities listed above.

        Prohibition of HOA Energy Use Restrictions

        The bill provides that HOA documents, including declarations of covenants, articles of incorporation, or
        bylaws, may not preclude the types or fuel sources of energy production which may be used, delivered,
        converted, or supplied by the following entities to customer within the HOA that these entities are
        authorized to serve:
            • Investor-owned electric utilities;


120 S. 720.3045, F.S.
121 The bill defines the term “appliance” as 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.
STORAGE NAME: h1645.ECC                                                                                         PAGE: 20
DATE: 1/27/2024
            •   Municipal electric utilities;
            •   Rural electric cooperatives;
            •   Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
            •   Investor-owned gas utilities;
            •   Gas districts;
            •   Municipal natural gas utilities;
            •   Natural gas transmission companies; and
            •   Certain propane dealers, dispensers, and gas cylinder exchange operators.

        The bill also provides that HOA declarations of covenants, articles of incorporation, or bylaws may not
        preclude, the use of any appliance, 122 including a stove or grill, which uses the types or fuel source of
        energy production which may be used, delivered, converted, or supplied by the entities listed above.

        EV Batteries (Sections 3 and 4)

        Present Situation

        EV Battery Recycling

        Industry analysts predict that at least 145 million EVs will be on the road by 2030. 123 EVs run off of
        large-scale lithium-ion batteries in which a main pack holds several modules, each of which is
        constructed from numerous smaller cells. 124 Scientists and policy-makers are working to ensure that EV
        batteries being sold today can be recycled in 2030 and beyond, when thousands of batteries will reach
        the end of their lives every day. 125

        Certain EV battery components are easy to recycle, however, breaking down the cells and purifying the
        recyclable elements is more difficult. Despite this difficulty, the EV battery recycling business is
        growing, with dozens of companies like Redwood Materials starting up in various parts of the battery
        recycling industry. 126 Recycled elements derived from old EV batteries are also attractive because U.S.
        auto manufacturers can purchase elements for new EV batteries directly from recyclers in the U.S.
        instead of importing these elements from other countries.

        To encourage EV battery recycling, the state of California partnered with Redwood Materials and large
        auto manufacturers to help source EV batteries for recycling. 127 Further, the 2022 Inflation Reduction
        Act includes the Advanced Manufacturing Production Credit, which grants 10 years’ worth of tax credits
        for the domestic manufacturing of battery cells and modules, creating a larger domestic market for EV
        battery materials. 128

        Effect of the Bill

        EV Battery Deposit Program



122 The bill defines the term “appliance” as 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.
123 Ian Morse, American Association for the Advancement of Science, A Dead Battery Dilemma (May 20, 2021),

https://www.science.org/content/article/millions-electric-cars-are-coming-what-happens-all-dead-batteries (last visited Jan.
22, 2024).
124 Id.
125 Id.
126 John Voelcker, Car and Driver, Everything You Need to Know about EV Battery Disposal (Jun. 10, 2023),

https://www.caranddriver.com/features/a44022888/electric-car-battery-recycling/ (last visited Jan. 22, 2024).
127 Redwood Materials, One year update: Redwood’s California EV Battery Recycling Program (Mar. 2, 2023),

https://www.redwoodmaterials.com/news/update-california-ev-battery-recycling-program/ (last visited Jan. 22, 2024).
128 Elizabeth Napolitano, CBS News, Domestic EV battery production is surging ahead, thanks to small clause in Inflation

Reduction Act (July 25, 2023), https://www.cbsnews.com/news/electric-car-batteries-inflation-reduction-act-us-
manufacturing/ (last visited Jan. 22, 2024).
STORAGE NAME: h1645.ECC                                                                                            PAGE: 21
DATE: 1/27/2024
        Effective July 1, 2025, the bill creates the Electric Vehicle Battery Deposit Program within the
        Department of Highway Safety and Motor Vehicles (DHSMV), directing DHSMV, in consultation with
        industry experts, to develop and implement the program.

        Under this program, each motor vehicle dealer 129 which sells, at retail, an electric vehicle not previously
        registered in the state and each motor vehicle repair shop 130 which sells an EV battery at retail in the
        state must collect a deposit on the EV battery. The deposit must be based on the EV battery’s gross
        capacity as measured by kilowatt hours (kWh):
            • For an electric vehicle battery with a gross capacity less than or equal to 50 kWh, the deposit is
                $500.
            • For an electric vehicle battery with a gross capacity greater than 50 kWh but less than or equal
                to 100 kWh, the deposit is $750.
            • For an electric vehicle battery with a capacity greater than 100 kWh, the deposit is $1,000.

        The bill requires DHSMV to designate a means by which the deposit is held until it can be refunded to
        the titleholder of an EV when the titleholder presents proof of relinquishment or sale of the EV or EV
        battery to a motor vehicle dealer or motor vehicle repair shop. Titleholders must also be able to recover
        the deposit under to program upon providing proof of relocation to another state, sale of the electric
        vehicle to an out-of-state resident, or theft of the EV or EV battery.

        Under the bill, in order to assist with the costs associated with extinguishing an EV battery fire, a fire
        department that handles such a fire may claim the EV battery deposit that the titleholder would
        otherwise be entitled to receive.

        The bill requires DHSMV to prepare and submit a report to the Governor, the President of the Senate,
        and the Speaker of the House of Representatives that:
           • Specifies the terms of the EV Battery Deposit Program.
           • Identifies any implementation issues.
           • Makes recommendations on any further legislation that may be necessary.
           • Makes recommendations on how the state may further facilitate proper electric vehicle battery
                disposal and recycling.

        Developing Energy Technologies (Sections 21 & 22)

        Present Situation

        Nuclear Technologies

        Historically, nuclear power generation in the United States has relied on large light water reactors
        (LWRs) which were first commercialized in the 1950s. 131 Following the passage of the 2005 Energy
        Policy Act, federal loan guarantees along with state financing mechanisms began to spur activity in
        nuclear reactor development throughout states. 132 This activity slowed after public sentiment turned
        against nuclear power due to safety concerns related to the 2011 disaster at the Fukushima Daiichi
        nuclear plant in Japan and after the economics of power generation changed due to falling natural gas

129 Generally, Florida law defines a motor vehicle dealer as any person engaged in the business of buying, selling, or

dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail, or who may service and
repair motor vehicles pursuant to an agreement. See s. 320.22(1)(c), F.S.
130 Section 559.903, F.S. defines a motor vehicle repair shop as any person who, for compensation, engages or attempts

to engage in the repair of motor vehicles owned by other persons and includes, but is not limited to: mobile motor vehicle
repair shops, motor vehicle and recreational vehicle dealers; garages; service stations; self-employed individuals; truck
stops; paint and body shops; brake, muffler, or transmission shops; and shops doing glass work. Any person who
engages solely in the maintenance or repair of the coach portion of a recreational vehicle is not a motor vehicle repair
shop.
131 MARK HOLT, CONG. RSCH. SERV., R45706, ADVANCED NUCLEAR REACTORS: TECHNOLOGY OVERVIEW AND CURRENT ISSUES

(2023) [hereinafter CRS Report, Advanced Nuclear Reactors].
132 Daniel Shea, Nuclear Policy in the States: A National Review, Journal of Critical Infrastructure Policy, Fall/Winter 2023,

at 14-15 [hereinafter Shea, Nuclear Policy in the States].
STORAGE NAME: h1645.ECC                                                                                              PAGE: 22
DATE: 1/27/2024
         prices. 133 However, there has been increasing interest in “advanced nuclear reactors” 134 and “small
         modular reactors” 135 recently. 136 Advanced nuclear reactors are believed to improve upon earlier
         generations of reactors in areas of: cost, safety, security, waste management, and versatility. 137

         Nuclear energy is “carbon-free” as it does not directly produce carbon dioxide or other greenhouse
         gases. 138 Nuclear power provides more than half of the carbon-free electricity produced in the U.S. 139
         Nuclear energy currently constitutes 8% of electric generating capacity in the United States, yet
         generates 18% of the total electricity in the country. 140 Nuclear energy generates about 13% of total
         electricity generation in Florida. 141 This is because most nuclear plants operate around the clock and
         generate at maximum capacity around 93% of the time – nearly twice the capacity factor of resources
         like coal and natural gas, and triple that of wind and solar. 142

         State legislation related to nuclear energy has increased over the past decades. 143 These policies
         address different vantage points; some states have enacted policies to insulate their existing fleet of
         reactors from premature closure, while others have enacted policies to develop new nuclear
         capacity. 144 Many states have directed the conduct of studies on advanced nuclear reactors. 145


         Hydrogen for Transportation

         Hydrogen powered vehicles use hydrogen as a fuel source and produce no harmful tailpipe emissions
         as they only emit water vapor and warm air. 146 Currently, hydrogen powered vehicles are only available
         in select markets like southern and northern California. 147 This is because California is the only state
         which has a hydrogen fueling infrastructure, with over 60 public stations. 148

         California implemented its hydrogen fueling infrastructure with its “Hydrogen Highway Network”
         (Network) in 2004, which was later implemented by the legislature in 2005. The Network was designed
         with the desire to expand zero-emission hydrogen fuel cell electric cars by expanding California’s
         network of hydrogen refueling stations. 149 While hydrogen powered vehicles are environmentally


133 Id. at 15.
134 An advanced nuclear reactor is a fission reactor “with significant improvements compared to reactors operating on the

date of enactment” or a reactor using nuclear fusion. 42 U.S.C § 16271(b)(1).
135 Small modular reactors are a form of advanced nuclear reactor with an electric generating capacity of 300 MW.

Advanced nuclear reactors can be configured into small modular reactors. CRS Report, Advanced Nuclear Reactors,
supra note 126, at 3-4.
136 Id. at Introduction.
137 CRS Report, Advanced Nuclear Reactors, supra note 126, at 3.
138 Anne White & Aaron Krol, Nuclear Energy, Climate Portal (Oct. 14, 2020), https://climate.mit.edu/explainers/nuclear-

energy (last visited Jan. 13, 2024).
139 Id.
140 U.S. Energy Information Administration, U.S. energy facts explained, https://www.eia.gov/energyexplained/us-energy-

facts/data-and-statistics.php (last visited Jan. 12, 2024).
141 U.S. Energy Information Administration, Florida’s electricity generation mix is changing, (Aug. 24, 2023),

https://www.eia.gov/todayinenergy/detail.php?id=60221 (last visited Jan. 19, 2024).
142 Shea, Nuclear Policy in the States, supra note 28, at 16.
143 Daniel Shea, Nuclear Power and the Clean Energy Transition (Apr. 6, 2023), https://www.ncsl.org/energy/nuclear-

power-and-the-clean-energy-transition (last visited Jan. 13, 2024) (noting an increase from 74 bills considered in 2016 to
more than 160 bills considered in 2022 in relation to nuclear energy).
144 Id.
145 See e.g., MICH. COMP. LAWS § 460.10hh (2022); Montana Senate Joint Resolution 3 (2021); Penn. HR 238 (2022).
146 United States Department of Energy, Fuel Cell Electric Vehicles, https://afdc.energy.gov/vehicles/fuel_cell.html (last

visited Jan. 13, 2024).
147 United States Department of Energy, Hydrogen Fuel Cell Electric Vehicle Availability,

https://afdc.energy.gov/vehicles/fuel_cell_availability.html (last visited Jan. 13, 2024).
148 United States Department of Energy, Hydrogen Fueling Station Locations by State, https://afdc.energy.gov/data/10370

(last visited Jan. 13, 2024).
149 California Energy Commission, Hydrogen Vehicles & Refueling Infrastructure, https://www.energy.ca.gov/programs-

and-topics/programs/clean-transportation-program/clean-transportation-funding-areas-1 (last visited Jan. 13, 2014).
STORAGE NAME: h1645.ECC                                                                                           PAGE: 23
DATE: 1/27/2024
        beneficial, issues arise from the fueling infrastructure. Such issues, made apparent by the Network,
        include 150:
            • Vehicles becoming stranded because of lack of fueling stations;
            • Frequent station malfunctions/shortages; and
            • High state subsidies per fueling station.

        In October 2023, the U.S. Department of Energy announced $7 billion in federal funding under the
        Bipartisan Infrastructure Law to fund seven Regional Clean Hydrogen Hubs. The purpose of these
        investments is to “accelerate the commercial-scale deployment of clean hydrogen helping to generate
        clean, dispatchable power, create a new form of energy storage, and decarbonize heavy industry and
        transportation.” 151

        Effect of the Bill

        Evaluation of Advanced Nuclear Technologies

        The bill requires the PSC to study and evaluate the technical and economic feasibility of using
        advanced nuclear power technologies, including SMRs, to meet the electrical power needs of the state.
        The bill also requires the PSC to research means to encourage installation and use of nuclear
        technologies at military installations in the state.

        By January 1, 2025, the PSC must prepare and submit a report to the Governor, the President of the
        Senate, and the Speaker of the House of Representatives containing its findings and recommendations
        for potential legislative or administrative actions that may enhance the use of advanced nuclear
        technologies in a manner consistent with the state energy policy goals established by the bill.

        Evaluation of Hydrogen Fueling Infrastructure

        The bill requires DOT, along with DACS, to study and evaluate the potential development of hydrogen
        fueling infrastructure, including fueling stations, to support hydrogen-powered vehicles that use the
        state highway system.

        By January 1, 2025, DOT must prepare and submit a report to the Governor, the President of the
        Senate, and the Speaker of the House of Representatives containing its findings and any
        recommendations for potential legislative or administrative actions concerning the development of
        hydrogen fueling infrastructure in manner consistent with the state energy policy goals established by
        the bill.

    B. SECTION DIRECTORY:
        Section 1.      Creates s. 163.3210, F.S., relating to natural gas resiliency and reliability infrastructure.

        Section 2.      Amends s. 286.29, F.S., relating to energy guidelines for public business.

        Section 3.      Creates s. 320.97, F.S., relating to an electric vehicle battery deposit program.

        Section 4.      Directs the Department of Highway Safety and Motor Vehicles to prepare and submit a
        report.

        Section 5.   Amends s. 338.234, F.S., relating to granting concessions or selling along the turnpike
        system; immunity from taxation.

        Section 6.      Amends s. 366.032, F.S., relating to preemptions over utility service restrictions.


150 Evan Halper, Is California’s ‘Hydrogen Highway’ a road to nowhere?, L.A. Times, Aug. 10, 2021.
151 U.S. DOE, Office of Clean Energy Demonstrations, Regional Clean Hydrogen Hubs Selections for Award Negotiations,

https://www.energy.gov/oced/regional-clean-hydrogen-hubs-selections-award-negotiations (last visited Jan. 26, 2024).
STORAGE NAME: h1645.ECC                                                                                        PAGE: 24
DATE: 1/27/2024
       Section 7.     Amends s. 366.04, F.S., relating to jurisdiction of the Public Service Commission.

       Section 8.     Creates s. 366.057, F.S., relating to retirement of electric power plants.

       Section 9.     Amends s. 366.94, F.S., relating to electric vehicle charging.

       Section 10.    Amends s. 377.601, F.S., relating to legislative intent.

       Section 11. Amends s. 377.6015, F.S., relating to the Department of Agriculture and Consumer
       Services; powers and duties.

       Section 12. Amends s. 377.703, F.S., relating to additional functions of the Department of Agriculture
       and Consumer Services.

       Section 13.    Repeals energy-related grants programs.

       Section 14.    Provides construction.

       Section 15.    Amends s. 288.9606, F.S., relating to issue of revenue bonds.

       Section 16.    Amends s. 380.0651, F.S., relating to statewide guidelines, standards, and exemptions.

       Section 17. Amends s. 403.9405, F.S. relating to applicability; certification; exemption; notice of
       intent under the Natural Gas Transmission Pipeline Siting Act.

       Section 18.    Amends s. 720.3075, F.S., relating to prohibited clauses in association documents.

       Section 19.    Directs the Public Service Commission to develop smart grid policies.

       Section 20.    Directs the Public Service Commission to conduct a security and resiliency assessment.

       Section 21. Directs the Public Service Commission to study and evaluate advanced nuclear
       technologies.

       Section 22. Directs the Department of Transportation to study and evaluate hydrogen fueling
       infrastructure.

                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           The bill may have a negative impact on state government expenditures because it imposes the
           following new requirements for specified state agencies, which may require the expenditure of
           resources:
                • PSC review of certain power plant retirements, including provision of support to the Attorney
                   General in certain circumstances;
                • PSC development of smart grid policies;
                • PSC assessment of the security and resiliency of the state's electric grid and natural gas
                   facilities;
                • DMS development of a Florida Humane Preferred Energy Products List;
                • DOT provision of potential access to vendors of certain alternative motor vehicle fuels and
                   repowering stations along the turnpike system;
STORAGE NAME: h1645.ECC                                                                                    PAGE: 25
DATE: 1/27/2024
               •   DHSMV development of an EV Battery Deposit Program and related reporting;
               •   PSC study and evaluation of advanced nuclear power technologies; and
               •   DOT study and evaluation of the potential development of hydrogen fueling infrastructure.

           In some cases, affected agencies may be able to satisfy all or some of these requirements with
           existing resources. Further, the affected agencies may see expenditures offset to some degree by
           potential savings, and other agencies may see reduced expenditures, related to:
               • Elimination of certain state purchasing requirements; and
               • Expansion of the types of intrastate natural gas pipelines that are exempt from siting under
                   the Natural Gas Transmission Pipeline Siting Act.

           The impact of requiring state agencies to purchase certain energy-related items from a new Florida
           Humane Preferred Energy Products List, as required by the bill, is indeterminate.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           The impact of requiring political subdivisions of the state to purchase certain energy-related items
           from a new Florida Humane Preferred Energy Products List, as required by the bill, is
           indeterminate.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill refocuses state energy policy on promoting and ensuring a cost-effective, reliable, resilient,
       safe, diverse, and U.S. sourced energy supply and makes specific changes in law to meet these policy
       goals. The bill also attempts to streamline certain regulatory requirements to strengthen the energy
       grid, increase energy-related modernization to respond to changing market forces, and increase
       market-based policies within Florida’s various energy sectors. To the extent these changes succeed,
       there will be direct positive impacts on the economic well-being of Florida’s businesses and consumers.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill authorizes DHSMV to adopt rules to implement an EV Battery Deposit Program.

   C. DRAFTING ISSUES OR OTHER COMMENTS:


STORAGE NAME: h1645.ECC                                                                                   PAGE: 26
DATE: 1/27/2024
       The bill requires DMS, in developing a Florida Humane Preferred Energy Products List, to assess
       products currently available for purchase under state term contracts that contain or consist of an energy
       storage device with a capacity of greater than one kilowatt or that contain or consist of an energy
       generation device with a capacity of greater than 500 kilowatts. These capacity measures should be
       shown in kilowatt-hours.

       The bill requires the PSC to submit a report containing proposed smart grid policies by January 1,
       2024. This date is erroneous, as it has already passed, and should be amended.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h1645.ECC                                                                                 PAGE: 27
DATE: 1/27/2024
F   L     O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 1645                                                                                               2024




    1                                         A bill to be entitled
    2                An act relating to energy resources; creating s.
    3                163.3210, F.S.; providing legislative intent;
    4                providing definitions; allowing resiliency facilities
    5                in certain land use categories in local government
    6                comprehensive plans and specified districts if certain
    7                criteria are met; allowing local governments to adopt
    8                ordinances for resiliency facilities if certain
    9                requirements are met; prohibiting amendments to a
10                   local government's comprehensive plan, land use map,
11                   zoning districts, or land development regulations in a
12                   manner that would conflict with resiliency facility
13                   classification after a specified date; amending s.
14                   286.29, F.S.; revising energy guidelines for public
15                   businesses; eliminating the requirement that the
16                   Department of Management Services develop and maintain
17                   the Florida Climate-Friendly Preferred Products List;
18                   eliminating the requirement that state agencies
19                   contract for meeting and conference space only with
20                   facilities that have a Green Lodging designations;
21                   eliminating the requirement that state agencies, state
22                   universities, community colleges, and local
23                   governments that procure new vehicles under a state
24                   purchasing plan select certain vehicles under a
25                   specified circumstance; requiring the Department of

                                                        Page 1 of 36

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1645-00
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 1645                                                                                               2024




26                Management Services to develop a Florida Humane
27                Preferred Energy Products List in consultation with
28                the Department of Commerce and the Department of
29                Agriculture and Consumer Services; providing for
30                assessment considerations in developing the list;
31                defining the term "forced labor"; requiring state
32                agencies and political subdivisions that procure
33                energy products from state term contracts to consult
34                the list and purchase or procure such products;
35                prohibiting state agencies and political subdivisions
36                from purchasing or procuring products not included in
37                the list; creating 320.97, F.S.; providing legislative
38                findings; creating the Electric Vehicle Battery
39                Deposit Program within the Department of Highway
40                Safety and Motor Vehicles; providing the requirements
41                of the program; allowing the department to adopt
42                rules; providing definitions; requiring the Department
43                of Highway Safety and Motor Vehicles to prepare and
44                submit a report to the Governor and the Legislature as
45                it relates to the Electric Vehicle Battery Deposit
46                Program by a specified date; amending s. 338.234,
47                F.S.; requiring the Department of Highway Safety and
48                Motor Vehicles to offer access to vendors of certain
49                fuels or services access to the turnpike system in
50                certain instances; amending s. 366.032, F.S.;

                                                     Page 2 of 36

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1645-00
F   L   O   R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 1645                                                                                               2024




51                including development districts as a type of politica l
52                subdivision for purposes of preemption over utility
53                service restrictions; amending s. 366.04, F.S.;
54                revising the jurisdiction of the Florida Public
55                Service Commission; creating s. 366.057, F.S.;
56                defining the term "electrical power plant"; requiring
57                a public utility to petition the Florida Public
58                Service Commission within a specified time before
59                retiring an electrical power plant; requiring the
60                commission to enter a final order in response to the
61                petition within a specified time; setting forth what
62                the commission must take into consideration in
63                entering its final order; requiring the commission to
64                notify the Attorney General of the retirement of an
65                electrical power plant in specified circumstances;
66                amending s. 366.94, F.S.; removing terminology;
67                conforming provisions to changes made by the act;
68                authorizing the commission upon a specified date to
69                approve voluntary public utility programs for electric
70                vehicle charging if certain requirements are met;
71                requiring that all revenues received from such program
72                be credited to the public utility's general body of
73                ratepayers; providing applicability; amending s.
74                377.601, F.S.; revising legislative intent; amending
75                s. 377.6015, F.S.; revising the powers and duties of

                                                     Page 3 of 36

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1645-00
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




 76                the department; conforming provisions to changes made
 77                by the act; amending s. 377.703, F.S.; revising
 78                additional functions of the department relating to
 79                energy resources; conforming provisions to changes
 80                made by the act; repealing s. 377.801, F.S., relating
 81                to the Florida Energy and Climate Protection Act;
 82                repealing s. 377.802, F.S., relating to the purpose of
 83                the act; repealing s. 377.803, F.S., relating to
 84                definitions under the act; repealing s. 377.804, F.S.,
 85                relating to the Renewable Energy and Energy-Efficient
 86                Technologies Grants Program; repealing s. 377.808,
 87                F.S., relating to the Florida Green Government Grants
 88                Act; repealing s. 377.809, F.S., relating to the
 89                Energy Economic Zone Pilot Program; repealing s.
 90                377.816, F.S., relating to the Qualified Energy
 91                Conservation Bond Allocation Program; prohibiting the
 92                approval of new or additional applications,
 93                certifications, or allocations under such programs;
 94                prohibiting new contracts, agreements, and awards
 95                under such programs; rescinding all certifications or
 96                allocations issued under such programs; providing an
 97                exception; providing application relating to existing
 98                contracts or agreements under such programs; amending
 99                ss. 288.9606 and 380.0651, F.S.; conforming provisions
100                to changes made by the act; amending s. 403.9405,

                                                      Page 4 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




101                F.S.; revising the applicability of the Natural Gas
102                Transmission Pipeline Siting Act; amending s.
103                720.3075, F.S.; prohibiting certain homeowners'
104                association documents from precluding certain types or
105                fuel sources of energy production and the use of
106                certain appliances; directing the commission to ensure
107                that electrical energy technologies are used in a
108                specified manner through market-based policies and
109                electric grid improvements; requiring the commission
110                to develop specified policies for smart energy;
111                requiring that such policies also address the
112                modernization of the state's electric grid and ensure
113                that equipment used is manufactured in the United
114                States or countries engaged in commerce within the
115                United States pursuant to free trade agreements;
116                requiring the commission by a specified date to submi t
117                a report to the Legislature that contains such
118                established policies; requiring the commission to
119                conduct an assessment of the security and resiliency
120                of the state's electric grid and natural gas
121                facilities against physical threats and cyber threats;
122                requiring the commission to consult with the Florida
123                Digital Service; requiring cooperation from all
124                operating facilities in the state relating to such
125                assessment; requiring the commission to submit by a

                                                      Page 5 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




126                specified date a report of such assessment to the
127                Governor and the Legislature; providing additional
128                content requirements for such report; requiring the
129                commission to study and evaluate the technical and
130                economic feasibility of using advanced nuclear power
131                technologies to meet the electrical power needs of the
132                state; requiring the commission to submit by a
133                specified date a report to the Governor and the
134                Legislature that contains its findings and any
135                additional recommendations for potential legislative
136                or administrative actions; requiring the Department of
137                Transportation, in consultation with the Office of
138                Energy within the Department of Agriculture and
139                Consumer Services, to study and evaluate the potential
140                development of hydrogen fueling infrastructure to
141                support hydrogen-powered vehicles; requiring the
142                department to submit by a specified date a report to
143                the Governor and the Legislature that contains its
144                findings and recommendations for specified actions
145                that may accommodate the future development of
146                hydrogen fueling infrastructure; providing effective
147                dates.
148
149      Be It Enacted by the Legislature of the State of Florida:
150

                                                      Page 6 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




151                Section 1.        Section 163.3210, Florida Statutes, is created
152      to read:
153                163.3210         Natural gas resiliency and reliability
154      infrastructure.-
155                (1)       It is the intent of the Legislature to maintain,
156      encourage, and ensure adequate and reliable fuel sources for
157      public utilities. The resiliency and reliability of fuel sources
158      for public utilities is critical to the state's economy; the
159      ability of the state to recover from natural disasters; and to
160      the health, safety, welfare, and quality of life of the
161      residents of the state.
162                (2)       As used in this section, the term:
163                (a)       "Natural gas" means all forms of fuel commonly or
164      commercially known or sold as natural gas, including compressed
165      natural gas and liquefied natural gas.
166                (b)       "Natural gas reserve" means a facility that is capable
167      of storing and transporting and, when operational, actively
168      stores and transports a supply of natural gas.
169                (c)       "Public utility" has the same meaning as defined in s.
170      366.02.
171                (d)       "Resiliency facility" means a facility owned and
172      operated by a public utility for the purposes of assembling,
173      creating, holding, securing, or deploying natural gas reserves
174      for temporary use during a system outage or natural disaster.
175                (3)       A resiliency facility is a permitted use in all

                                                      Page 7 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




176      commercial, industrial, and manufacturing land use categories in
177      a local government comprehensive plan and all commercial,
178      industrial, and manufacturing districts. A resiliency facility
179      must comply with the setback and landscape criteria for other
180      similar uses. A local government may adopt an ordinance
181      specifying buffer and landscaping requirements for resiliency
182      facilities, provided such requirements do not exceed the
183      requirements for similar uses involving the construct ion of
184      other facilities that are permitted uses in commercial,
185      industrial, and manufacturing land use categories and zoning
186      districts.
187                (4)       After July 1, 2024, a local government may not amend
188      its comprehensive plan, land use map, zoning districts, or land
189      development regulations in a manner that would conflict with a
190      resiliency facility's classification as a permitted and
191      allowable use, including, but not limited to, an amendment that
192      causes a resiliency facility to be a nonconforming use,
193      structure, or development.
194                Section 2.       Section 286.29, Florida Statutes, is amended to
195      read:
196                286.29      Energy guidelines for Climate-friendly public
197      business.—The Legislature recognizes the importance of
198      leadership by state government in the area of energy efficiency
199      and in reducing the greenhouse gas emissions of state government
200      operations. The following shall pertain to all state agencies

                                                      Page 8 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R    E   P    R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




201      when conducting public business:
202                (1)       The Department of Management Services shall develop
203      the "Florida Climate-Friendly Preferred Products List." In
204      maintaining that list, the department, in consultation with the
205      Department of Environmental Protection, shall continually assess
206      products currently available for purchase under state term
207      contracts to identify specific products and vendors that offer
208      clear energy efficiency or other environmental benefits over
209      competing products. When procuring products from state term
210      contracts, state agencies shall first consult the Florida
211      Climate-Friendly Preferred Products List and procure such
212      products if the price is comparable.
213                (2)       State agencies shall contract for meeting and
214      conference space only with hotels or conference facilities that
215      have received the "Green Lodging" designation from the
216      Department of Environmental Protection for best practices in
217      water, energy, and waste efficiency standards, unless the
218      responsible state agency head makes a determination that no
219      other viable alternative exists.
220                (1)(3)      Each state agency shall ensure that all maintained
221      vehicles meet minimum maintenance schedules shown to reduce fuel
222      consumption, which include:
223                (a)       Ensuring appropriate tire pressures and tread depth .;
224                (b)       Replacing fuel filters and emission filters at
225      recommended intervals.;

                                                      Page 9 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H     O   U   S   E   O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




226                (c)       Using proper motor oils.; and
227                (d)       Performing timely motor maintenance.
228
229      Each state agency shall measure and report compliance to the
230      Department of Management Services through the Equipment
231      Management Information System database.
232                (4)       When procuring new vehicles, all state agencies, state
233      universities, community colleges, and local governments that
234      purchase vehicles under a state purchasing plan shall first
235      define the intended purpose for the vehicle and determine which
236      of the following use classes for which the vehicle is being
237      procured:
238                (a)       State business travel, designated operator;
239                (b)       State business travel, pool operators;
240                (c)       Construction, agricultural, or maintenance work;
241                (d)       Conveyance of passengers;
242                (e)       Conveyance of building or maintenance materials and
243      supplies;
244                (f)       Off-road vehicle, motorcycle, or all-terrain vehicle;
245                (g)       Emergency response; or
246                (h)       Other.
247
248      Vehicles described in paragraphs (a) through (h), when being
249      processed for purchase or leasing agreements, must be selected
250      for the greatest fuel efficiency available for a given use class

                                                      Page 10 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A     H   O   U   S   E     O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




251      when fuel economy data are available. Exceptions may be made for
252      individual vehicles in paragraph (g) when accompanied, during
253      the procurement process, by documentation indicating that the
254      operator or operators will exclusively be emergency first
255      responders or have special documented need for exceptional
256      vehicle performance characteristics. Any request for an
257      exception must be approved by the purchasing agency head and any
258      exceptional performance characteristics denoted as a part of the
259      procurement process prior to purchase.
260                (2)(5)     All state agencies shall use ethanol and biodiesel
261      blended fuels when available. State agencies administering
262      central fueling operations for state-owned vehicles shall
263      procure biofuels for fleet needs to the greatest extent
264      practicable.
265                (3)(a)     The Department of Management Services shall, in
266      consultation with the Department of Commerce and the Department
267      of Agriculture and Consumer Services, develop a Florida Humane
268      Preferred Energy Products List. In developing the list, the
269      department must assess products currently available for purchase
270      under state term contracts that contain or consist of an energy
271      storage device with a capacity of greater than one kilowatt or
272      that contain or consist of an energy generation device with a
273      capacity of greater than 500 kilowatts and identify specific
274      products that appear to be largely made free from forced labor,
275      irrespective of the age of the worker. For purposes of this

                                                      Page 11 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




276      subsection, the term "forced labor" means any work performed or
277      service rendered that is:
278                1.    Obtained by intimidation, fraud, or coercion, including
279      by threat of serious bodily harm to, or physical restraint
280      against, a person, by means of a scheme intended to cause the
281      person to believe that if he or she does not perform such labor
282      or render such service, the person will suffer serious bodily
283      harm or physical restraint, or by means of the abuse or
284      threatened abuse of law or the legal process;
285                2.    Imposed on the basis of a characteristic that has been
286      held by the United States Supreme Court or the Florida Supreme
287      Court to be protected against discrimination under the
288      Fourteenth Amendment to the United States Constitution or under
289      s. 2, Art. I of the State Constitution, including race, color,
290      national origin, religion, gender, or physical disability;
291                3.    Not performed or rendered voluntarily by a person; or
292                4.    In violation of the Child Labor Law or otherwise
293      performed or rendered through oppressive child labor.
294                (b)       When procuring the types of energy products described
295      in paragraph (a) from state term contracts, state agencies and
296      political subdivisions shall first consult the Florida Humane
297      Preferred Energy Products List and may not purchase or procure
298      products not included in the list.
299                Section 3.       Effective July 1, 2025, section 320.97, Florida
300      Statutes, is created to read:

                                                      Page 12 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




301                320.97      Electric vehicle battery deposit program.—
302                (1)       The Legislature finds that the state has a compelling
303      interest in facilitating the proper disposal and recycling of
304      electric vehicle batteries at the end of their useful lives.
305                (2)       The Electric Vehicle Battery Deposit Program is
306      created within the department.
307                (a)       The department, in consultation with industry experts,
308      shall develop and implement the program to provide for the
309      collection of a deposit on electric vehicle batteries by a:
310                1.    Motor vehicle dealer, as defined in s. 320.27(1)(c),
311      which sells at retail an electric vehicle not previously
312      registered in the state; or
313                2.        Motor vehicle repair shop, as defined in s. 559.903,
314      which sells an electric vehicle battery at retail in the state,
315
316      based on the electric vehicle battery's gross capacity as
317      measured in kilowatt hours (kWh).
318                (b)       For purposes of paragraph (a), the deposit amount is:
319                1.    For an electric vehicle battery with a gross capacity
320      less than or equal to 50 kWh: $500.
321                2.    For an electric vehicle battery with a gross capacity
322      greater than 50 kWh but less than or equal to 100 kWh: $750.
323                3.    For an electric vehicle battery with a capacity greater
324      than 100 kWh: $1,000.
325                (c)       For purposes of paragraph (a), the department must

                                                      Page 13 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




326      designate the means by which the deposit must be held until it
327      can be refunded to the titleholder of an electric vehicle in
328      which the battery is installed upon proof of the relinquishment
329      or sale of the electric vehicle or electric vehicle battery to a
330      motor vehicle dealer or motor vehicle repair shop.
331                (d)       The program shall allow a fire department which
332      handles an electric vehicle battery fire to claim the deposit
333      that the titleholder of the electric vehicle in which the
334      battery fire occurred would otherwise be entitled to receive
335      under the program in order to assist with additional costs
336      associated with extinguishing electric vehicle battery fires.
337                (e)       The program shall provide a means by which the
338      titleholder of the electric vehicle may recover the deposit
339      under the program upon providing proof of relocation to another
340      state, sale of the electric vehicle to an out-of-state resident,
341      or theft of the electric vehicle or electric vehicle bat tery.
342                (3)       The department may adopt rules to implement this
343      section.
344                (4)       For the purposes of this section, the term:
345                (a)       "Electric vehicle" has the same meaning as provided in
346      s. 320.01(36).
347                (b)       "Electric vehicle battery" means a rechargeable
348      storage battery which is the exclusive source of power to an
349      electric motor in an electric vehicle.
350                (c)       "Motor vehicle" has the same meaning as provided in s.

                                                      Page 14 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




351      320.01(1).
352                Section 4.       (a)     By December 1, 2024, the Department of
353      Highway Safety and Motor Vehicles shall prepare and submit a
354      report to the Governor, the President of the Senate, and the
355      Speaker of the House of Representatives which:
356                1.    Specifies the terms of the Electric Vehicle Battery
357      Deposit Program consistent with s. 320.97, Florida Statutes.
358                2.    Identifies any implementation issues.
359                3.    Makes recommendations on any further legislation that
360      may be necessary.
361                (b)       The report shall contain recommendations on how the
362      state may further facilitate proper electric vehicle battery
363      disposal and recycling.
364                Section 5.       Subsection (2) of section 338.234, Florida
365      Statutes, is renumbered as subsection (3) and a new subsection
366      (2) is added to that section, to read:
367                338.234      Granting concessions or selling along the turnpike
368      system; immunity from taxation.—
369                (2)       If the department enters or has entered into a
370      contract or license with a vendor to allow for the sale of motor
371      fuel or charging services along the turnpike system, the
372      department must offer access to potential vendors of other motor
373      vehicle fuels or repowering services along the turnpike system,
374      including, but not limited to, hydrogen, compressed natural gas,
375      and liquefied natural gas.

                                                      Page 15 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




376                Section 6.       Subsections (1), (2), and (5) of section
377      366.032, Florida Statutes, are amended to read:
378                366.032      Preemption over utility service restrictions.—
379                (1)       A municipality, county, special district, development
380      district, or other political subdivision of the state may not
381      enact or enforce a resolution, ordinance, rule, code, or policy
382      or take any action that restricts or prohibits or has the effect
383      of restricting or prohibiting the types or fuel sources of
384      energy production which may be used, delivered, converted, or
385      supplied by the following entities to serve customers that such
386      entities are authorized to serve:
387                (a)       A public utility or an electric utility as defined in
388      this chapter;
389                (b)       An entity formed under s. 163.01 that generates,
390      sells, or transmits electrical energy;
391                (c)       A natural gas utility as defined in s. 366.04(3)(c);
392                (d)       A natural gas transmission company as defined in s.
393      368.103; or
394                (e)       A Category I liquefied petroleum gas dealer or
395      Category II liquefied petroleum gas dispenser or Category III
396      liquefied petroleum gas cylinder exchange operator as defined in
397      s. 527.01.
398                (2)       Except to the extent necessary to enforce the Florida
399      Building Code adopted pursuant to s. 553.73 or the Florida Fire
400      Prevention Code adopted pursuant to s. 633.202, a municipality,

                                                      Page 16 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D    A      H   O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




401      county, special district, development district, or other
402      political subdivision of the state may not enact or enforce a
403      resolution, an ordinance, a rule, a code, or a policy or take
404      any action that restricts or prohibits or has the effect of
405      restricting or prohibiting the use of an appliance, including a
406      stove or grill, which uses the types or fuel sources of energy
407      production which may be used, delivered, converted, or supplied
408      by the entities listed in subsection (1). As used in this
409      subsection, the term "appliance" means a device or apparatus
410      manufactured and designed to use energy and for which the
411      Florida Building Code or the Florida Fire Prevention Code
412      provides specific requirements.
413                (5)        Any municipality, county, special district,
414      development district, or political subdivision charter,
415      resolution, ordinance, rule, code, policy, or action that is
416      preempted by this act that existed before or on July 1, 2021, is
417      void.
418                Section 7.        Subsection (10) is added to section 366.04,
419      Florida Statutes, to read:
420                366.04       Jurisdiction of commission.—
421                (10)       In the exercise of its jurisdiction, the commission,
422      without specific legislative authority, may not authorize a
423      public utility to expand the scope of its regulated business
424      activity to include direct sales of energy to a consumer solely
425      for the consumer's use in powering means of transportation owned

                                                      Page 17 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




426      by the consumer. This provision does not apply to limited or
427      pilot programs approved by the commission before January 1,
428      2024.
429                Section 8.       Section 366.057, Florida Statutes, is created
430      to read:
431                366.057      Retirement of electrical power plant.-
432                (1)       For purposes of this section, the term "electrical
433      power plant" means any steam or solar electrical generating
434      facility that uses any process or fuel, including nuclear
435      materials, with a capacity of 75 megawatts or more. The term
436      also includes all associated facilities necessary for the
437      continued operation of the electrical power plant, such as
438      facilities that are physically connected to the electrical power
439      plant and facilities that are used to connect the electrical
440      power plant to an existing transmission network.
441                (2)       Before retiring an electrical power plant, a public
442      utility must petition the commission for approval to retire the
443      plant, giving not less than 30 days' notice thereof.
444                (3)       The commission shall enter a final order approving,
445      approving with conditions, or denying a petition within 180 days
446      after receiving the petition. In making its determination, the
447      commission must take into account the impact of the proposed
448      electrical power plant retirement on:
449                (a)       Electric system reliability, resilience, and
450      integrity.

                                                      Page 18 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




451                (b)       The ability to provide adequate electricity at a
452      reasonable cost, including potential rate impacts.
453                (c)       Fuel diversity and supply reliability.
454                (d)       The use of domestic energy resources, including
455      renewable energy resources.
456                (e)       The state's energy policy goals in s. 377.601(2).
457                (4)       If the commission determines that the basis for
458      retirement of an electrical power plant is a requirement or
459      inducement provided in a proposed or actual federal regulation
460      and that such retirement is inconsistent with the state's energy
461      policy goals in s. 377.601(2), the commission shall inform the
462      Attorney General and provide technical support to the Attorney
463      General, as needed, to address the inconsistency.
464                Section 9.       Section 366.94, Florida Statutes, is amended to
465      read:
466                366.94      Electric vehicle charging stations.—
467                (1)       The provision of electric vehicle charging to the
468      public by a nonutility is not the retail sale of electricity for
469      the purposes of this chapter. The rates, terms, and conditions
470      of electric vehicle charging services by a nonutility are not
471      subject to regulation under this chapter. This section does not
472      affect the ability of individuals, businesses, or governmental
473      entities to acquire, install, or use an electric vehicle char ger
474      for their own vehicles.
475                (2)       The Department of Agriculture and Consumer Services

                                                      Page 19 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




476      shall adopt rules to provide definitions, methods of sale,
477      labeling requirements, and price-posting requirements for
478      electric vehicle charging stations to allow for consistency for
479      consumers and the industry.
480                (3)(a)      It is unlawful for a person to stop, stand, or park
481      a vehicle that is not capable of using an electrical recharging
482      station within any parking space specifically designated for
483      charging an electric vehicle.
484                (b)       If a law enforcement officer finds a motor vehicle in
485      violation of this subsection, the officer or specialist shall
486      charge the operator or other person in charge of the vehicle in
487      violation with a noncriminal traffic infraction, punishable as
488      provided in s. 316.008(4) or s. 318.18.
489                (4)       The commission may approve voluntary public utility
490      programs to become effective on or after January 1, 2025, for
491      residential, customer-specific electric vehicle charging if the
492      commission determines that the rates and rate structure of the
493      program will not adversely impact the public utility's general
494      body of ratepayers. All revenues received from the program must
495      be credited to the public utility's retail ratepayers. This
496      provision does not preclude cost recovery for electric vehicle
497      charging programs approved by the commission before January 1,
498      2024.
499                Section 10.          Section 377.601, Florida Statutes, is amended
500      to read:

                                                      Page 20 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




501                377.601      Legislative intent.—
502                (1)       The purpose of the state's energy policy is to ensure
503      an adequate and reliable supply of energy for the state in a
504      manner that promotes the health and welfare of the public and
505      economic growth. The Legislature intends that governance of the
506      state's energy policy be efficiently directed toward achieving
507      this purpose. The Legislature finds that the state's energy
508      security can be increased by lessening dependence on foreign
509      oil; that the impacts of global climate change can be reduced
510      through the reduction of greenhouse gas emissions; and that the
511      implementation of alternative energy technologies can be a
512      source of new jobs and employment opportunities for many
513      Floridians. The Legislature further finds that the state is
514      positioned at the front line against potential impacts of global
515      climate change. Human and economic costs of those impacts can be
516      averted by global actions and, where necessary, adapted to by a
517      concerted effort to make Florida's communities more resilient
518      and less vulnerable to these impacts. In focusing the
519      government's policy and efforts to benefit and protect our
520      state, its citizens, and its resources, the Legislature believes
521      that a single government entity with a specific focus on energy
522      and climate change is both desirable and advantageous. Further,
523      the Legislature finds that energy infrastructure provides the
524      foundation for secure and reliable access to the energy supplies
525      and services on which Florida depends. Therefore, there is

                                                      Page 21 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




526      significant value to Florida consumers that comes from
527      investment in Florida's energy infrastructure that increases
528      system reliability, enhances energy independence and
529      diversification, stabilizes energy costs, and reduces greenhouse
530      gas emissions.
531                (2)       For the purposes of subsection (1), the state's energy
532      policy must be guided by the following goals:
533                (a)       Ensuring a cost-effective and affordable energy
534      supply.
535                (b)       Ensuring adequate supply and capacity.
536                (c)       Ensuring a secure, resilient, and reliable energy
537      supply, with an emphasis on a diverse supply of domestic energy
538      resources.
539                (d)       Protecting public safety.
540                (e)       Ensuring consumer choice.
541                (f)       Protecting the state's natural resources, including
542      its coastlines, tributaries, and waterways.
543                (g)       Supporting economic growth.
544                (3)(2)      In furtherance of the goals in subsection (2), it
545      is the policy of the State of Florida to:
546                (a)       Develop and Promote the cost-effective development and
547      effective use of a diverse supply of domestic energy resources
548      in the state and, discourage all forms of energy waste, and
549      recognize and address the potential of global climate change
550      wherever possible.

                                                      Page 22 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




551                (b)       Promote the cost-effective development and maintenance
552      of energy infrastructure that is resilient to natural and
553      manmade threats to the security and reliability of the state's
554      energy supply. Play a leading role in developing and instituting
555      energy management programs aimed at promoting energy
556      conservation, energy security, and the reduction of greenhouse
557      gas emissions.
558                (c)       Reduce reliance on foreign energy resources.
559                (d)(c)      Include energy considerations in all state,
560      regional, and local planning.
561                (e)(d)      Utilize and manage effectively energy resources
562      used within state agencies.
563                (f)(e)      Encourage local governments to include energy
564      considerations in all planning and to support their work in
565      promoting energy management programs.
566                (g)(f)      Include the full participation of citizens in the
567      development and implementation of energy programs.
568                (h)(g)      Consider in its decisions the energy needs of each
569      economic sector, including residential, industrial, commercial,
570      agricultural, and governmental uses, and reduce those needs
571      whenever possible.
572                (i)(h)      Promote energy education and the public
573      dissemination of information on energy and its impacts in
574      relation to the goals in subsection (2) environmental, economic,
575      and social impact.

                                                      Page 23 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




576                (j)(i)      Encourage the research, development, demonstration,
577      and application of domestic energy resources, including the use
578      of alternative energy resources, particularly renewable energy
579      resources.
580                (k)(j)      Consider, in its decisionmaking, the impacts of
581      energy-related activities on the goals in subsection (2) social,
582      economic, and environmental impacts of energy-related
583      activities, including the whole-life-cycle impacts of any
584      potential energy use choices, so that detrimental effects of
585      these activities are understood and minimized.
586                (l)(k)      Develop and maintain energy emergency preparedness
587      plans to minimize the effects of an energy shortage within the
588      state Florida.
589                Section 11.           Subsections (2) of section 377.6015, Florida
590      Statutes, is amended to read:
591                377.6015         Department of Agriculture and Consumer Services;
592      powers and duties.—
593                (2)       The department shall:
594                (a)       Administer the Florida Renewable Energy and Energy -
595      Efficient Technologies Grants Program pursuant to s. 377.804 to
596      assure a robust grant portfolio.
597                (a)(b)      Develop policy for requiring grantees to provide
598      royalty-sharing or licensing agreements with state government
599      for commercialized products developed under a state grant.
600                (c)       Administer the Florida Green Government Grants Act

                                                      Page 24 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




601      pursuant to s. 377.808 and set annual priorities for grants.
602                (b)(d)      Administer the information gathering and reporting
603      functions pursuant to ss. 377.601-377.608.
604                (e)       Administer the provisions of the Florida Energy and
605      Climate Protection Act pursuant to ss. 377.801-377.804.
606                (c)(f)      Advocate for energy and climate change issues
607      consistent with the goals in s. 377.601(2) and provide
608      educational outreach and technical assistance in cooperation
609      with the state's academic institutions.
610                (d)(g)      Be a party in the proceedings to adopt goals and
611      submit comments to the Public Service Commission pursuant to s.
612      366.82.
613                (e)(h)      Adopt rules pursuant to chapter 120 in order to
614      implement all powers and duties described in this section.
615                Section 12.          Subsection (1) and paragraphs (e), (f), and
616      (m) of subsection (2) of section 377.703, Florida Statutes, are
617      amended to read:
618                377.703      Additional functions of the Department of
619      Agriculture and Consumer Services.—
620                (1)       LEGISLATIVE INTENT.—Recognizing that energy supply and
621      demand questions have become a major area of concern to the
622      state which must be dealt with by effective and well-coordinated
623      state action, it is the intent of the Legislature to promote the
624      efficient, effective, and economical management of energy
625      problems, centralize energy coordination responsibilities,

                                                      Page 25 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




626      pinpoint responsibility for conducting energy programs, and
627      ensure the accountability of state agencies for the
628      implementation of s. 377.601 s. 377.601(2), the state energy
629      policy. It is the specific intent of the Legislature that
630      nothing in this act shall in any way change the powers, duties,
631      and responsibilities assigned by the Florida Electrical Power
632      Plant Siting Act, part II of chapter 403, or the powers, duties,
633      and responsibilities of the Florida Public Service Commission.
634                (2)       DUTIES.—The department shall perform the following
635      functions, unless as otherwise provided, consistent with the
636      development of a state energy policy:
637                (e)       The department shall analyze energy data collected and
638      prepare long-range forecasts of energy supply and demand in
639      coordination with the Florida Public Service Commission, which
640      is responsible for electricity and natural gas forecasts. To
641      this end, the forecasts shall contain:
642                1.    An analysis of the relationship of state economic
643      growth and development to energy supply and demand, including
644      the constraints to economic growth resulting from energy supply
645      constraints.
646                2.    Plans for the development of renewable energy resources
647      and reduction in dependence on depletable energy resources,
648      particularly oil and natural gas, and An analysis of the extent
649      to which domestic energy resources, including renewable energy
650      sources, are being utilized in the state.

                                                      Page 26 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U   S   E    O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




651                3.    Consideration of alternative scenarios of statewide
652      energy supply and demand for 5, 10, and 20 years to identify
653      strategies for long-range action, including identification of
654      potential impacts in relation to the goals in s. 377.601(2)
655      social, economic, and environmental effects.
656                4.    An assessment of the state's energy resources,
657      including examination of the availability of commercially
658      developable and imported fuels, and an analysis of anticipated
659      impacts in relation to the goals in s. 377.601(2) effects on the
660      state's environment and social services resulting from energy
661      resource development activities or from energy supply
662      constraints, or both.
663                (f)       The department shall submit an annual report to the
664      Governor and the Legislature reflecting its activities and
665      making recommendations for policies for improvement of the
666      state's response to energy supply and demand and its effect on
667      the health, safety, and welfare of the residents of this state.
668      The report must include a report from the Florida Public Service
669      Commission on electricity and natural gas and information on
670      energy conservation programs conducted and underway in the past
671      year and include recommendations for energy efficiency and
672      conservation programs for the state, including:
673                1.    Formulation of specific recommendations for improvement
674      in the efficiency of energy utilization in governmental,
675      residential, commercial, industrial, and transportation sectors.

                                                      Page 27 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U     S   E    O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                                2024




676                2.    Collection and dissemination of information relating to
677      energy efficiency and conservation.
678                3.    Development and conduct of educational and training
679      programs relating to energy efficiency and conservation.
680                4.    An analysis of the ways in which state agencies are
681      seeking to implement s. 377.601 s. 377.601(2), the state energy
682      policy, and recommendations for better fulfilling this policy.
683                (m)       In recognition of the devastation to the economy of
684      this state and the dangers to the health and welfare of
685      residents of this state caused by severe hurricanes, and the
686      potential for such impacts caused by other natural disasters,
687      the Division of Emergency Management shall include in its energy
688      emergency contingency plan and provide to the Florida Building
689      Commission for inclusion in the Florida Energy Efficiency Code
690      for Building Construction specific provisions to facilitate the
691      use of cost-effective solar energy technologies as emergency
692      remedial and preventive measures for providing electric power,
693      street lighting, and water heating service in the event of
694      electric power outages.
695                Section 13.          Sections 377.801, 377.802, 377.803, 377.804,
696      377.808, 377.809, and 377.816, Florida Statutes, are repealed.
697                Section 14.          (1)       For programs established pursuant to ss.
698      377.804, 377.808, 377.809, or s. 377.816, Florida Statutes,
699      there may not be:
700                (a)       New or additional applications, certifications, or

                                                       Page 28 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1645-00
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




701      allocations approved.
702                (b)       New letters of certification issued.
703                (c)       New contracts or agreements executed.
704                (d)       New awards made.
705                (2)       All certifications or allocations issued under such
706      programs are rescinded except for the certifications of, or
707      allocations to, those certified applicants or projects that
708      continue to meet the applicable criteria in effect before July
709      1, 2024. Any existing contract or agreement authorized under any
710      of these programs shall continue in full force and effect in
711      accordance with the statutory requirements in effect when the
712      contract or agreement was executed or last modified. However,
713      further modifications, extensions, or waivers may not be made or
714      granted relating to such contracts or agreements, except
715      computations by the Department of Revenue of the in come
716      generated by or arising out of the qualifying project.
717                Section 15.           Subsection (7) of section 288.9606, Florida
718      Statutes, is amended to read:
719                288.9606         Issue of revenue bonds.—
720                (7)       Notwithstanding any provision of this section, the
721      corporation in its corporate capacity may, without authorization
722      from a public agency under s. 163.01(7), issue revenue bonds or
723      other evidence of indebtedness under this section to:
724                (a)       Finance the undertaking of any project within the
725      state that promotes renewable energy as defined in s. 366.91 or

                                                      Page 29 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




726      s. 377.803;
727                (b)       Finance the undertaking of any project within the
728      state that is a project contemplated or allowed under s. 406 of
729      the American Recovery and Reinvestment Act of 2009; or
730                (c)       If permitted by federal law, finance qualifying
731      improvement projects within the state under s. 163.08 ; or.
732                (d)       Finance the costs of acquisition or construction of a
733      transportation facility by a private entity or consortium of
734      private entities under a public-private partnership agreement
735      authorized by s. 334.30.
736                Section 16.           Paragraph (w) of subsection (2) of section
737      380.0651, Florida Statutes, is amended to read:
738                380.0651         Statewide guidelines, standards, and exemptions.—
739                (2)       STATUTORY EXEMPTIONS.—The following developments are
740      exempt from s. 380.06:
741                (w)       Any development in an energy economic zone designated
742      pursuant to s. 377.809 upon approval by its local governing
743      body.
744
745      If a use is exempt from review pursuant to paragraphs (a)-(u),
746      but will be part of a larger project that is subject to review
747      pursuant to s. 380.06(12), the impact of the exempt use must be
748      included in the review of the larger project, unless such exempt
749      use involves a development that includes a landowner, tenant, or
750      user that has entered into a funding agreement with the state

                                                      Page 30 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




751      land planning agency under the Innovation Incentive Program and
752      the agreement contemplates a state award of at least $50
753      million.
754                Section 17.           Subsection (2) of section 403.9405, Florida
755      Statutes, is amended to read:
756                403.9405         Applicability; certification; exemption; notice
757      of intent.—
758                (2)       No construction of A natural gas transmission pipeline
759      may not be constructed be undertaken after October 1, 1992,
760      without first obtaining certification under ss. 403.9401 -
761      403.9425, but these sections do not apply to:
762                (a)       Natural gas transmission pipelines which are less than
763      100 15 miles in length or which do not cross a county line,
764      unless the applicant has elected to apply for certification
765      under ss. 403.9401-403.9425.
766                (b)       Natural gas transmission pipelines for which a
767      certificate of public convenience and necessity has been issued
768      under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
769      natural gas transmission pipeline certified as an associated
770      facility to an electrical power plant pursuant to the Florida
771      Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
772      the applicant elects to apply for certification of that pipeline
773      under ss. 403.9401-403.9425.
774                (c)       Natural gas transmission pipelines that are owned or
775      operated by a municipality or any agency thereof, by any person

                                                      Page 31 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H    O   U   S   E   O    F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                               2024




776      primarily for the local distribution of natural gas, or by a
777      special district created by special act to distribute natu ral
778      gas, unless the applicant elects to apply for certification of
779      that pipeline under ss. 403.9401-403.9425.
780                Section 18.           Subsection (3) of section 720.3075, Florida
781      Statutes, is amended to read:
782                720.3075         Prohibited clauses in association documents.—
783                (3)       Homeowners' association documents, including
784      declarations of covenants, articles of incorporation, or bylaws,
785      may not preclude:
786                (a)       The display of up to two portable, removable flags as
787      described in s. 720.304(2)(a) by property owners. However, al l
788      flags must be displayed in a respectful manner consistent with
789      the requirements for the United States flag under 36 U.S.C.
790      chapter 10.
791                (b)       Types or fuel sources of energy production which may
792      be used, delivered, converted, or supplied by the following
793      entities to serve customers within the association that such
794      entities are authorized to serve:
795                1.    A public utility or an electric utility as defined in
796      this chapter;
797                2.    An entity formed under s. 163.01 that generates, sells,
798      or transmits electrical energy;
799                3.    A natural gas utility as defined in s. 366.04(3)(c);
800                4.    A natural gas transmission company as defined in s.

                                                      Page 32 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1645-00
F   L   O    R   I   D   A      H   O   U     S   E    O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                                2024




801      368.103; or
802                5.    A Category I liquefied petroleum gas dealer, a Category
803      II liquefied petroleum gas dispenser, or a Category III
804      liquefied petroleum gas cylinder exchange operator as defined in
805      s. 527.01.
806                (c)       The use of an appliance, including a stove or grill,
807      which uses the types or fuel sources of energy production which
808      may be used, delivered, converted, or supplied by the entities
809      listed in paragraph (b). As used in this paragraph, the term
810      "appliance" means a device or apparatus manufactured and
811      designed to use energy and for which the Florida Building Code
812      or the Florida Fire Prevention Code provides specific
813      requirements.
814                Section 19.          (1)       Recognizing the continued development and
815      growth of markets for technologies that allow businesses and
816      consumers to generate, store, and manage electrical energy for
817      their own use, and recognizing that the use of these
818      technologies has the potential to significantly impact the
819      electric grid and consumer choice, the Legislature directs the
820      Public Service Commission to ensure that these technologies are
821      used in a manner that best maintains the integrity of the state
822      electricity grid through market-based policies for consumers and
823      public utilities and through electric grid improvements that
824      ensure the safe, reliable, and cost-effective use of electrical
825      power from these technologies. Specifically, the commission

                                                       Page 33 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1645-00
F   L   O    R   I   D   A      H   O   U     S   E    O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                                2024




826      shall develop policies that establish programs and rate
827      mechanisms for smart energy demand response and for customer -
828      owned generation and energy storage exported to the grid or used
829      to enhance grid stability or resilience and reduce costs, such
830      that financial benefits are shared among users of these
831      technologies, public utilities, and their general body of
832      ratepayers based on the value provided by and to each party. The
833      policies shall also address the modernization of the state's
834      electric grid to ensure that the necessary infrastructure is in
835      place to implement these programs and rate mechanisms. The
836      policies must ensure that equipment used by utilities and
837      consumers to implement and participate in these programs and
838      rate mechanisms is manufactured in the United States or in
839      countries engaged in commerce with the United States pursuant to
840      free trade agreements.
841                (2)       By January 1, 2024, the commission shall submit a
842      report to the Legislature that contains the policies developed
843      pursuant to this section, including the basis for each policy
844      and any matters that the commission deems relevant for the
845      Legislature's consideration in evaluating these policies. Such
846      policies may not be implemented until approved by the
847      Legislature, with the exception of limited pilot projects and
848      programs.
849                Section 20.          (1)       The Public Service Commission shall
850      conduct an assessment of the security and resiliency of the

                                                       Page 34 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1645-00
F   L   O    R   I   D   A      H   O   U     S   E    O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                                2024




851      state's electric grid and natural gas facilities against both
852      physical threats and cyber threats. The commission shall consult
853      with the Florida Digital Service in assessing cyber threats. All
854      electric utilities, natural gas utilities, and natural gas
855      pipelines operating in this state, regardless of ownership
856      structure, shall cooperate with the commission to provide access
857      to all information necessary to conduct the assessment.
858                (2)       By January 1, 2025, the commission shall submit a
859      report of its assessment to the Governor, the President of the
860      Senate, and the Speaker of the House of Representatives. The
861      report must also contain any recommendations for potential
862      legislative or administrative actions that may enhance the
863      physical security or cyber security of the state's electric grid
864      or natural gas facilities.
865                Section 21.          (1)       Recognizing the evolution and advances
866      that have occurred and continue to occur in nuclear power
867      technologies, the Public Service Commission shall study and
868      evaluate the technical and economic feasibility of using
869      advanced nuclear power technologies, including small modular
870      reactors, to meet the electrical power needs of the state, and
871      research means to encourage and foster the installation and use
872      of such technologies at military installations in the state.
873                (2)       By January 1, 2025, the commission shall prepare and
874      submit a report to the Governor, the President of the Sena te,
875      and the Speaker of the House of Representatives, containing its

                                                       Page 35 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1645-00
F   L   O    R   I   D   A      H   O   U     S   E    O   F     R     E   P   R   E   S   E   N   T   A   T    I   V   E   S




         HB 1645                                                                                                2024




876      findings and any recommendations for potential legislative or
877      administrative actions that may enhance the use of advanced
878      nuclear technologies in a manner consistent with the energy
879      policy goals in s. 377.601(2), Florida Statutes.
880                Section 22.          (1)       Recognizing the continued development of
881      technologies that support the use of hydrogen as a
882      transportation fuel and the potential for such use to help meet
883      the state's energy policy goals in s. 377.601(2), Florida
884      Statutes, the Department of Transportation, in consultation with
885      the Office of Energy within the Department of Agriculture and
886      Consumer Services, shall study and evaluate the potential
887      development of hydrogen fueling infrastructure, including
888      fueling stations, to support hydrogen-powered vehicles that use
889      the state highway system.
890                (2)       By January 1, 2025, the department shall prepare and
891      submit a report to the Governor, the President of the Senate,
892      and the Speaker of the House of Representatives, containing its
893      findings and any recommendations for potential legislative or
894      administrative actions that may accommodate the future
895      development of hydrogen fueling infrastructure in a manner
896      consistent with the energy policy goals in s. 377.601(2),
897      Florida Statutes.
898                Section 23.          Except as otherwise provided in this act, this
899      act shall take effect July 1, 2024.



                                                       Page 36 of 36

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                               hb1645-00
        Energy, Communications & Cybersecurity Subcommittee
                      HB 1645 by Rep. Payne
                        Energy Resources

                             AMENDMENT SUMMARY
                                January 30, 2024


Amendment 1 by Payne (Strike-All):

   •   Removes provisions that:
          o Required public utilities to obtain approval from the Public Service
              Commission (PSC) to retire certain electrical power plants and required
              the PSC to inform and provide technical support to the Attorney General if
              a plant retirement is required or induced by federal regulation and is
              inconsistent with the state’s energy policy goals.
          o Required the PSC to develop certain smart grid policies to be submitted
              for consideration by the Legislature.
          o Required the Department of Transportation (DOT) to offer potential access
              to vendors of certain alternative motor vehicle fuels and repowering
              stations along the turnpike system.
          o Created an Electric Vehicle Battery Deposit Program within the
              Department of Highway Safety and Motor Vehicles.
   •   Provides for the recovery of certain facility relocation costs incurred by a natural
       gas utility through a charge separate from the utility’s base rates.
   •   Extends due dates for certain reports that the bill requires the PSC and DOT to
       submit.
   •   Corrects drafting errors.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1645   (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Energy, Communications &
2      Cybersecurity Subcommittee
3      Representative Payne offered the following:
4
5           Amendment (with title amendment)
6           Remove everything after the enacting clause and insert:
7           Section 1.    Section 163.3210, Florida Statutes, is created
8      to read:
9           163.3210    Natural gas resiliency and reliability
10     infrastructure.—
11          (1)    It is the intent of the Legislature to maintain,
12     encourage, and ensure adequate and reliable fuel sources for
13     public utilities. The resiliency and reliability of fuel sources
14     for public utilities is critical to the state's economy; the
15     ability of the state to recover from natural disasters; and to


     650373 - h1645-strike.docx
      Published On: 1/29/2024 8:02:08 PM
                                    Page 1 of 32
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1645   (2024)
       Amendment No. 1


16     the health, safety, welfare, and quality of life of the
17     residents of the state.
18          (2)   As used in this section, the term:
19          (a)   "Natural gas" means all forms of fuel commonly or
20     commercially known or sold as natural gas, including compressed
21     natural gas and liquefied natural gas.
22          (b)   "Natural gas reserve" means a facility that is capable
23     of storing and transporting and, when operational, actively
24     stores and transports a supply of natural gas.
25          (c)   "Public utility" has the same meaning as defined in s.
26     366.02.
27          (d)   "Resiliency facility" means a facility owned and
28     operated by a public utility for the purposes of assembling,
29     creating, holding, securing, or deploying natural gas reserves
30     for temporary use during a system outage or natural disaster.
31          (3)   A resiliency facility is a permitted use in all
32     commercial, industrial, and manufacturing land use categories in
33     a local government comprehensive plan and all commercial,
34     industrial, and manufacturing districts. A resiliency facility
35     must comply with the setback and landscape criteria for other
36     similar uses. A local government may adopt an ordinance
37     specifying buffer and landscaping requirements for resiliency
38     facilities, provided that such requirements do not exceed the
39     requirements for similar uses involving the construction of
40     other facilities that are permitted uses in commercial,
     650373 - h1645-strike.docx
      Published On: 1/29/2024 8:02:08 PM
                                  Page 2 of 32
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1645   (2024)
       Amendment No. 1


41     industrial, and manufacturing land use categories and zoning
42     districts.
43          (4)   After July 1, 2024, a local government may not amend
44     its comprehensive plan, land use map, zoning districts, or land
45     development regulations in a manner that would conflict with a
46     resiliency facility's classification as a permitted and
47     allowable use, including, but not limited to, an amendment that
48     causes a resiliency facility to be a nonconforming use,
49     structure, or development.
50          Section 2.   Section 286.29, Florida Statutes, is amended to
51     read:
52          286.29   Energy guidelines for Climate-friendly public
53     business.—The Legislature recognizes the importance of
54     leadership by state government in the area of energy efficiency
55     and in reducing the greenhouse gas emissions of state government
56     operations. The following shall pertain to all state agencies
57     when conducting public business:
58          (1)   The Department of Management Services shall develop
59     the "Florida Climate-Friendly Preferred Products List." In
60     maintaining that list, the department, in consultation with the
61     Department of Environmental Protection, shall continually assess
62     products currently available for purchase under state term
63     contracts to identify specific products and vendors that offer
64     clear energy efficiency or other environmental benefits over
65     competing products. When procuring products from state term
     650373 - h1645-strike.docx
      Published On: 1/29/2024 8:02:08 PM
                                    Page 3 of 32
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1645   (2024)
       Amendment No. 1


66     contracts, state agencies shall first consult the Florida
67     Climate-Friendly Preferred Products List and procure such
68     products if the price is comparable.
69          (2)   State agencies shall contract for meeting and
70     conference space only with hotels or conference facilities that
71     have received the "Green Lodging" designation from the
72     Department of Environmental Protection for best practices in
73     water, energy, and waste efficiency standards, unless the
74     responsible state agency head makes a determination that no
75     other viable alternative exists.
76          (3)   Each state agency shall ensure that all maintained
77     vehicles meet minimum maintenance schedules shown to reduce fuel
78     consumption, which include:
79          (a)   Ensuring appropriate tire pressures and tread depth.;
80          (b)   Replacing fuel filters and emission filters at
81     recommended intervals.;
82          (c)   Using proper motor oils.; and
83          (d)   Performing timely motor maintenance.
84
85     Each state agency shall measure and report compliance to the
86     Department of Management Services through the Equipment
87     Management Information System database.
88          (4)   When procuring new vehicles, all state agencies, state
89     universities, community colleges, and local governments that
90     purchase vehicles under a state purchasing plan shall first
     650373 - h1645-strike.docx
      Published On: 1/29/2024 8:02:08 PM
                                  Page 4 of 32
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1645   (2024)
        Amendment No. 1


 91     define the intended purpose for the vehicle and determine which
 92     of the following use classes for which the vehicle is being
 93     procured:
 94          (a)    State business travel, designated operator;
 95          (b)    State business travel, pool operators;
 96          (c)    Construction, agricultural, or maintenance work;
 97          (d)    Conveyance of passengers;
 98          (e)    Conveyance of building or maintenance materials and
 99     supplies;
100          (f)    Off-road vehicle, motorcycle, or all-terrain vehicle;
101          (g)    Emergency response; or
102          (h)    Other.
103
104     Vehicles described in paragraphs (a) through (h), when being
105     processed for purchase or leasing agreements, must be selected
106     for the greatest fuel efficiency available for a given use class
107     when fuel economy data are available. Exceptions may be made for
108     individual vehicles in paragraph (g) when accompanied, during
109     the procurement process, by documentation indicating that the
110     operator or operators will exclusively be emergency first
111     responders or have special documented need for exceptional
112     vehicle performance characteristics. Any request for an
113     exception must be approved by the purchasing agency head and any
114     exceptional performance characteristics denoted as a part of the
115     procurement process prior to purchase.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 5 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


116          (2)(5)    All state agencies shall use ethanol and biodiesel
117     blended fuels when available. State agencies administering
118     central fueling operations for state-owned vehicles shall
119     procure biofuels for fleet needs to the greatest extent
120     practicable.
121          (3)(a)    The Department of Management Services shall, in
122     consultation with the Department of Commerce and the Department
123     of Agriculture and Consumer Services, develop a Florida Humane
124     Preferred Energy Products List. In developing the list, the
125     department must assess products currently available for purchase
126     under state term contracts that contain or consist of an energy
127     storage device with a capacity of greater than one kilowatt-hour
128     or that contain or consist of an energy generation device with a
129     capacity of greater than 500 watts and identify specific
130     products that appear to be largely made free from forced labor,
131     irrespective of the age of the worker. For purposes of this
132     subsection, the term "forced labor" means any work performed or
133     service rendered that is:
134          1.   Obtained by intimidation, fraud, or coercion, including
135     by threat of serious bodily harm to, or physical restraint
136     against, a person, by means of a scheme intended to cause the
137     person to believe that if he or she does not perform such labor
138     or render such service, the person will suffer serious bodily
139     harm or physical restraint, or by means of the abuse or
140     threatened abuse of law or the legal process;
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 6 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


141          2.    Imposed on the basis of a characteristic that has been
142     held by the United States Supreme Court or the Florida Supreme
143     Court to be protected against discrimination under the
144     Fourteenth Amendment to the United States Constitution or under
145     s. 2, Art. I of the State Constitution, including race, color,
146     national origin, religion, gender, or physical disability;
147          3.    Not performed or rendered voluntarily by a person; or
148          4.    In violation of the Child Labor Law or otherwise
149     performed or rendered through oppressive child labor.
150          (b)    When procuring the types of energy products described
151     in paragraph (a) from state term contracts, state agencies and
152     political subdivisions shall first consult the Florida Humane
153     Preferred Energy Products List and may not purchase or procure
154     products not included in the list.
155          Section 3.    Subsections (1), (2), and (5) of section
156     366.032, Florida Statutes, are amended to read:
157          366.032    Preemption over utility service restrictions.—
158          (1)    A municipality, county, special district, development
159     district, or other political subdivision of the state may not
160     enact or enforce a resolution, ordinance, rule, code, or policy
161     or take any action that restricts or prohibits or has the effect
162     of restricting or prohibiting the types or fuel sources of
163     energy production which may be used, delivered, converted, or
164     supplied by the following entities to serve customers that such
165     entities are authorized to serve:
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 7 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


166          (a)   A public utility or an electric utility as defined in
167     this chapter;
168          (b)   An entity formed under s. 163.01 that generates,
169     sells, or transmits electrical energy;
170          (c)   A natural gas utility as defined in s. 366.04(3)(c);
171          (d)   A natural gas transmission company as defined in s.
172     368.103; or
173          (e)   A Category I liquefied petroleum gas dealer or
174     Category II liquefied petroleum gas dispenser or Category III
175     liquefied petroleum gas cylinder exchange operator as defined in
176     s. 527.01.
177          (2)   Except to the extent necessary to enforce the Florida
178     Building Code adopted pursuant to s. 553.73 or the Florida Fire
179     Prevention Code adopted pursuant to s. 633.202, a municipality,
180     county, special district, development district, or other
181     political subdivision of the state may not enact or enforce a
182     resolution, an ordinance, a rule, a code, or a policy or take
183     any action that restricts or prohibits or has the effect of
184     restricting or prohibiting the use of an appliance, including a
185     stove or grill, which uses the types or fuel sources of energy
186     production which may be used, delivered, converted, or supplied
187     by the entities listed in subsection (1). As used in this
188     subsection, the term "appliance" means a device or apparatus
189     manufactured and designed to use energy and for which the


      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 8 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1645   (2024)
        Amendment No. 1


190     Florida Building Code or the Florida Fire Prevention Code
191     provides specific requirements.
192          (5)    Any municipality, county, special district,
193     development district, or political subdivision charter,
194     resolution, ordinance, rule, code, policy, or action that is
195     preempted by this act that existed before or on July 1, 2021, is
196     void.
197          Section 4.   Subsection (10) is added to section 366.04,
198     Florida Statutes, to read:
199          366.04   Jurisdiction of commission.—
200          (10)   In the exercise of its jurisdiction, the commission,
201     without specific legislative authority, may not authorize a
202     public utility to expand the scope of its regulated business
203     activity to include direct sales of energy to a consumer solely
204     for the consumer's use in powering means of transportation owned
205     by the consumer. This provision does not apply to limited or
206     pilot programs approved by the commission before January 1,
207     2024.
208          Section 5.   Section 366.94, Florida Statutes, is amended to
209     read:
210          366.94   Electric vehicle charging stations.—
211          (1)    The provision of electric vehicle charging to the
212     public by a nonutility is not the retail sale of electricity for
213     the purposes of this chapter. The rates, terms, and conditions
214     of electric vehicle charging services by a nonutility are not
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                     Page 9 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


215     subject to regulation under this chapter. This section does not
216     affect the ability of individuals, businesses, or governmental
217     entities to acquire, install, or use an electric vehicle charger
218     for their own vehicles.
219          (2)   The Department of Agriculture and Consumer Services
220     shall adopt rules to provide definitions, methods of sale,
221     labeling requirements, and price-posting requirements for
222     electric vehicle charging stations to allow for consistency for
223     consumers and the industry.
224          (3)(a)   It is unlawful for a person to stop, stand, or park
225     a vehicle that is not capable of using an electrical recharging
226     station within any parking space specifically designated for
227     charging an electric vehicle.
228          (b)   If a law enforcement officer finds a motor vehicle in
229     violation of this subsection, the officer or specialist shall
230     charge the operator or other person in charge of the vehicle in
231     violation with a noncriminal traffic infraction, punishable as
232     provided in s. 316.008(4) or s. 318.18.
233          (4)   The commission may approve voluntary public utility
234     programs to become effective on or after January 1, 2025, for
235     residential, customer-specific electric vehicle charging if the
236     commission determines that the rates and rate structure of the
237     program will not adversely impact the public utility's general
238     body of ratepayers. All revenues received from the program must
239     be credited to the public utility's retail ratepayers. This
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 10 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


240     provision does not preclude cost recovery for electric vehicle
241     charging programs approved by the commission before January 1,
242     2024.
243          Section 6.   Section 366.99, Florida Statutes, is created to
244     read:
245          366.99   Natural gas facilities relocation costs.—
246          (1)   As used in this section, the term:
247          (a)   "Authority" has the same meaning as in s.
248     337.401(1)(a).
249          (b)   "Facilities relocation" means the physical moving,
250     modification, or reconstruction of public utility facilities to
251     accommodate the requirements imposed by an authority.
252          (c)   "Natural gas facilities" or "facilities" means gas
253     mains, laterals, and service lines used to distribute natural
254     gas to customers. The term includes all ancillary equipment
255     needed for safe operations, including, but not limited to,
256     regulating stations, meters, other measuring devices,
257     regulators, and pressure monitoring equipment.
258          (d)   "Natural gas facilities relocation costs" means the
259     costs to relocate or reconstruct facilities as required by a
260     mandate, a statute, a law, an ordinance, or an agreement between
261     the utility and an authority, including, but not limited to,
262     costs associated with reviewing plans provided by an authority.
263     The term does not include any costs recovered through the public
264     utility's base rates.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 11 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


265          (e)    "Public utility" or "utility" has the same meaning as
266     in s. 366.02, except that the term does not include an electric
267     utility.
268          (2)    A utility may submit to the commission, pursuant to
269     commission rule, a petition describing the utility's projected
270     natural gas facilities relocation costs for the next calendar
271     year, actual natural gas facilities relocation costs for the
272     prior calendar year, and proposed cost-recovery factors designed
273     to recover such costs. A utility's decision to proceed with
274     implementing a plan before filing such a petition does not
275     constitute imprudence.
276          (3)    The commission shall conduct an annual proceeding to
277     determine each utility's prudently incurred natural gas
278     facilities relocation costs and to allow each utility to recover
279     such costs through a charge separate and apart from base rates,
280     to be referred to as the natural gas facilities relocation cost
281     recovery clause. The commission's review in the proceeding is
282     limited to determining the prudence of the utility's actual
283     incurred natural gas facilities relocation costs and the
284     reasonableness of the utility's projected natural gas facilities
285     relocation costs for the following calendar year; and providing
286     for a true-up of the costs with the projections on which past
287     factors were set. The commission shall require that any refund
288     or collection made as a part of the true-up process includes
289     interest.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 12 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


290          (4)   All costs approved for recovery through the natural
291     gas facilities relocation cost recovery clause must be allocated
292     to customer classes pursuant to the rate design most recently
293     approved by the commission.
294          (5)   If a capital expenditure is recoverable as a natural
295     gas facilities relocation cost, the public utility may recover
296     the annual depreciation on the cost, calculated at the public
297     utility's current approved depreciation rates, and a return on
298     the undepreciated balance of the costs at the public utility's
299     weighted average cost of capital using the last approved return
300     on equity.
301          (6)   The commission shall adopt rules to implement and
302     administer this section and shall propose a rule for adoption as
303     soon as practicable after July 1, 2024.
304          Section 7.   Section 377.601, Florida Statutes, is amended
305     to read:
306          377.601   Legislative intent.—
307          (1)   The purpose of the state's energy policy is to ensure
308     an adequate, reliable, and cost-effective supply of energy for
309     the state in a manner that promotes the health and welfare of
310     the public and economic growth. The Legislature intends that
311     governance of the state's energy policy be efficiently directed
312     toward achieving this purpose The Legislature finds that the
313     state's energy security can be increased by lessening dependence
314     on foreign oil; that the impacts of global climate change can be
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 13 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


315     reduced through the reduction of greenhouse gas emissions; and
316     that the implementation of alternative energy technologies can
317     be a source of new jobs and employment opportunities for many
318     Floridians. The Legislature further finds that the state is
319     positioned at the front line against potential impacts of global
320     climate change. Human and economic costs of those impacts can be
321     averted by global actions and, where necessary, adapted to by a
322     concerted effort to make Florida's communities more resilient
323     and less vulnerable to these impacts. In focusing the
324     government's policy and efforts to benefit and protect our
325     state, its citizens, and its resources, the Legislature believes
326     that a single government entity with a specific focus on energy
327     and climate change is both desirable and advantageous. Further,
328     the Legislature finds that energy infrastructure provides the
329     foundation for secure and reliable access to the energy supplies
330     and services on which Florida depends. Therefore, there is
331     significant value to Florida consumers that comes from
332     investment in Florida's energy infrastructure that increases
333     system reliability, enhances energy independence and
334     diversification, stabilizes energy costs, and reduces greenhouse
335     gas emissions.
336          (2)   For the purposes of subsection (1), the state's energy
337     policy must be guided by the following goals:
338          (a)   Ensuring a cost-effective and affordable energy
339     supply.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 14 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


340          (b)   Ensuring adequate supply and capacity.
341          (c)   Ensuring a secure, resilient, and reliable energy
342     supply, with an emphasis on a diverse supply of domestic energy
343     resources.
344          (d)   Protecting public safety.
345          (e)   Protecting the state's natural resources, including
346     its coastlines, tributaries, and waterways.
347          (f)   Supporting economic growth.
348          (3)(2)   In furtherance of the goals in subsection (2), it
349     is the policy of the state of Florida to:
350          (a)   Develop and Promote the cost-effective development and
351     effective use of a diverse supply of domestic energy resources
352     in this the state and, discourage all forms of energy waste, and
353     recognize and address the potential of global climate change
354     wherever possible.
355          (b)   Promote the cost-effective development and maintenance
356     of energy infrastructure that is resilient to natural and
357     manmade threats to the security and reliability of the state's
358     energy supply Play a leading role in developing and instituting
359     energy management programs aimed at promoting energy
360     conservation, energy security, and the reduction of greenhouse
361     gas emissions.
362          (c)   Reduce reliance on foreign energy resources.
363          (d)(c)   Include energy reliability and security
364     considerations in all state, regional, and local planning.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 15 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


365          (e)(d)   Utilize and manage effectively energy resources
366     used within state agencies.
367          (f)(e)   Encourage local governments to include energy
368     considerations in all planning and to support their work in
369     promoting energy management programs.
370          (g)(f)   Include the full participation of citizens in the
371     development and implementation of energy programs.
372          (h)(g)   Consider in its decisions the energy needs of each
373     economic sector, including residential, industrial, commercial,
374     agricultural, and governmental uses, and reduce those needs
375     whenever possible.
376          (i)(h)   Promote energy education and the public
377     dissemination of information on energy and its impacts in
378     relation to the goals in subsection (2) environmental, economic,
379     and social impact.
380          (j)(i)   Encourage the research, development, demonstration,
381     and application of domestic energy resources, including the use
382     of alternative energy resources, particularly renewable energy
383     resources.
384          (k)(j)   Consider, in its decisionmaking, the impacts of
385     energy-related activities on the goals in subsection (2) social,
386     economic, and environmental impacts of energy-related
387     activities, including the whole-life-cycle impacts of any
388     potential energy use choices, so that detrimental effects of
389     these activities are understood and minimized.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 16 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


390          (l)(k)   Develop and maintain energy emergency preparedness
391     plans to minimize the effects of an energy shortage within this
392     state Florida
393          Section 8.   Subsection (2) of section 377.6015, Florida
394     Statutes, is amended to read:
395          377.6015   Department of Agriculture and Consumer Services;
396     powers and duties.—
397          (2)   The department shall:
398          (a)   Administer the Florida Renewable Energy and Energy-
399     Efficient Technologies Grants Program pursuant to s. 377.804 to
400     assure a robust grant portfolio.
401          (b)   Develop policy for requiring grantees to provide
402     royalty-sharing or licensing agreements with state government
403     for commercialized products developed under a state grant.
404          (c)   Administer the Florida Green Government Grants Act
405     pursuant to s. 377.808 and set annual priorities for grants.
406          (b)(d)   Administer the information gathering and reporting
407     functions pursuant to ss. 377.601-377.608.
408          (e)   Administer the provisions of the Florida Energy and
409     Climate Protection Act pursuant to ss. 377.801-377.804.
410          (c)(f)   Advocate for energy and climate change issues
411     consistent with the goals in s. 377.601(2) and provide
412     educational outreach and technical assistance in cooperation
413     with the state's academic institutions.
414          (d)(g)   Be a party in the proceedings to adopt goals and
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 17 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


415     submit comments to the Public Service Commission pursuant to s.
416     366.82.
417          (e)(h)    Adopt rules pursuant to chapter 120 in order to
418     implement all powers and duties described in this section.
419          Section 9.    Subsection (1) and paragraphs (e), (f), and (m)
420     of subsection (2) of section 377.703, Florida Statutes, are
421     amended to read:
422          377.703   Additional functions of the Department of
423     Agriculture and Consumer Services.—
424          (1)   LEGISLATIVE INTENT.—Recognizing that energy supply and
425     demand questions have become a major area of concern to the
426     state which must be dealt with by effective and well-coordinated
427     state action, it is the intent of the Legislature to promote the
428     efficient, effective, and economical management of energy
429     problems, centralize energy coordination responsibilities,
430     pinpoint responsibility for conducting energy programs, and
431     ensure the accountability of state agencies for the
432     implementation of s. 377.601 s. 377.601(2), the state energy
433     policy. It is the specific intent of the Legislature that
434     nothing in this act shall in any way change the powers, duties,
435     and responsibilities assigned by the Florida Electrical Power
436     Plant Siting Act, part II of chapter 403, or the powers, duties,
437     and responsibilities of the Florida Public Service Commission.
438          (2)   DUTIES.—The department shall perform the following
439     functions, unless as otherwise provided, consistent with the
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 18 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


440     development of a state energy policy:
441          (e)    The department shall analyze energy data collected and
442     prepare long-range forecasts of energy supply and demand in
443     coordination with the Florida Public Service Commission, which
444     is responsible for electricity and natural gas forecasts. To
445     this end, the forecasts shall contain:
446          1.    An analysis of the relationship of state economic
447     growth and development to energy supply and demand, including
448     the constraints to economic growth resulting from energy supply
449     constraints.
450          2.    Plans for the development of renewable energy resources
451     and reduction in dependence on depletable energy resources,
452     particularly oil and natural gas, and An analysis of the extent
453     to which domestic energy resources, including renewable energy
454     sources, are being utilized in this the state.
455          3.    Consideration of alternative scenarios of statewide
456     energy supply and demand for 5, 10, and 20 years to identify
457     strategies for long-range action, including identification of
458     potential impacts in relation to the goals in s. 377.601(2)
459     social, economic, and environmental effects.
460          4.    An assessment of the state's energy resources,
461     including examination of the availability of commercially
462     developable and imported fuels, and an analysis of anticipated
463     impacts in relation to the goals in s. 377.601(2) effects on the
464     state's environment and social services resulting from energy
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 19 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


465     resource development activities or from energy supply
466     constraints, or both.
467          (f)   The department shall submit an annual report to the
468     Governor and the Legislature reflecting its activities and
469     making recommendations for policies for improvement of the
470     state's response to energy supply and demand and its effect on
471     the health, safety, and welfare of the residents of this state.
472     The report must include a report from the Florida Public Service
473     Commission on electricity and natural gas and information on
474     energy conservation programs conducted and underway in the past
475     year and include recommendations for energy efficiency and
476     conservation programs for the state, including:
477          1.    Formulation of specific recommendations for improvement
478     in the efficiency of energy utilization in governmental,
479     residential, commercial, industrial, and transportation sectors.
480          2.    Collection and dissemination of information relating to
481     energy efficiency and conservation.
482          3.    Development and conduct of educational and training
483     programs relating to energy efficiency and conservation.
484          4.    An analysis of the ways in which state agencies are
485     seeking to implement s. 377.601 s. 377.601(2), the state energy
486     policy, and recommendations for better fulfilling this policy.
487          (m)   In recognition of the devastation to the economy of
488     this state and the dangers to the health and welfare of
489     residents of this state caused by severe hurricanes, and the
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 20 of 32
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1645   (2024)
        Amendment No. 1


490     potential for such impacts caused by other natural disasters,
491     the Division of Emergency Management shall include in its energy
492     emergency contingency plan and provide to the Florida Building
493     Commission for inclusion in the Florida Energy Efficiency Code
494     for Building Construction specific provisions to facilitate the
495     use of cost-effective solar energy technologies as emergency
496     remedial and preventive measures for providing electric power,
497     street lighting, and water heating service in the event of
498     electric power outages.
499          Section 10.    Sections 377.801, 377.802, 377.803, 377.804,
500     377.808, 377.809, and 377.816, Florida Statutes, are repealed.
501          Section 11.    (1)   For programs established pursuant to ss.
502     377.804, 377.808, 377.809, or s. 377.816, Florida Statutes,
503     there may not be:
504          (a)   New or additional applications, certifications, or
505     allocations approved.
506          (b)   New letters of certification issued.
507          (c)   New contracts or agreements executed.
508          (d)   New awards made.
509          (2)   All certifications or allocations issued under such
510     programs are rescinded except for the certifications of, or
511     allocations to, those certified applicants or projects that
512     continue to meet the applicable criteria in effect before July
513     1, 2024. Any existing contract or agreement authorized under any
514     of these programs shall continue in full force and effect in
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                      Page 21 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


515     accordance with the statutory requirements in effect when the
516     contract or agreement was executed or last modified. However,
517     further modifications, extensions, or waivers may not be made or
518     granted relating to such contracts or agreements, except
519     computations by the Department of Revenue of the income
520     generated by or arising out of the qualifying project.
521          Section 12.   Subsection (7) of section 288.9606, Florida
522     Statutes, is amended to read:
523          288.9606   Issue of revenue bonds.—
524          (7)   Notwithstanding any provision of this section, the
525     corporation in its corporate capacity may, without authorization
526     from a public agency under s. 163.01(7), issue revenue bonds or
527     other evidence of indebtedness under this section to:
528          (a)   Finance the undertaking of any project within the
529     state that promotes renewable energy as defined in s. 366.91 or
530     s. 377.803;
531          (b)   Finance the undertaking of any project within the
532     state that is a project contemplated or allowed under s. 406 of
533     the American Recovery and Reinvestment Act of 2009; or
534          (c)   If permitted by federal law, finance qualifying
535     improvement projects within the state under s. 163.08; or.
536          (d)   Finance the costs of acquisition or construction of a
537     transportation facility by a private entity or consortium of
538     private entities under a public-private partnership agreement
539     authorized by s. 334.30.
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 22 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


540          Section 13.   Paragraph (w) of subsection (2) of section
541     380.0651, Florida Statutes, is amended to read:
542          380.0651   Statewide guidelines, standards, and exemptions.—
543          (2)   STATUTORY EXEMPTIONS.—The following developments are
544     exempt from s. 380.06:
545          (w)   Any development in an energy economic zone designated
546     pursuant to s. 377.809 upon approval by its local governing
547     body.
548
549     If a use is exempt from review pursuant to paragraphs (a)-(u),
550     but will be part of a larger project that is subject to review
551     pursuant to s. 380.06(12), the impact of the exempt use must be
552     included in the review of the larger project, unless such exempt
553     use involves a development that includes a landowner, tenant, or
554     user that has entered into a funding agreement with the state
555     land planning agency under the Innovation Incentive Program and
556     the agreement contemplates a state award of at least $50
557     million.
558          Section 14.   Subsection (2) of section 403.9405, Florida
559     Statutes, is amended to read:
560          403.9405   Applicability; certification; exemption; notice
561     of intent.—
562          (2)   No construction of A natural gas transmission pipeline
563     may not be constructed be undertaken after October 1, 1992,
564     without first obtaining certification under ss. 403.9401-
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 23 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


565     403.9425, but these sections do not apply to:
566          (a)   Natural gas transmission pipelines which are less than
567     100 15 miles in length or which do not cross a county line,
568     unless the applicant has elected to apply for certification
569     under ss. 403.9401-403.9425.
570          (b)   Natural gas transmission pipelines for which a
571     certificate of public convenience and necessity has been issued
572     under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
573     natural gas transmission pipeline certified as an associated
574     facility to an electrical power plant pursuant to the Florida
575     Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
576     the applicant elects to apply for certification of that pipeline
577     under ss. 403.9401-403.9425.
578          (c)   Natural gas transmission pipelines that are owned or
579     operated by a municipality or any agency thereof, by any person
580     primarily for the local distribution of natural gas, or by a
581     special district created by special act to distribute natural
582     gas, unless the applicant elects to apply for certification of
583     that pipeline under ss. 403.9401-403.9425.
584          Section 15.    Subsection (3) of section 720.3075, Florida
585     Statutes, is amended to read:
586          720.3075   Prohibited clauses in association documents.—
587          (3)   Homeowners' association documents, including
588     declarations of covenants, articles of incorporation, or bylaws,
589     may not preclude:
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 24 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


590          (a)    The display of up to two portable, removable flags as
591     described in s. 720.304(2)(a) by property owners. However, all
592     flags must be displayed in a respectful manner consistent with
593     the requirements for the United States flag under 36 U.S.C.
594     chapter 10.
595          (b)    Types or fuel sources of energy production which may
596     be used, delivered, converted, or supplied by the following
597     entities to serve customers within the association that such
598     entities are authorized to serve:
599          1.    A public utility or an electric utility as defined in
600     this chapter;
601          2.    An entity formed under s. 163.01 that generates, sells,
602     or transmits electrical energy;
603          3.    A natural gas utility as defined in s. 366.04(3)(c);
604          4.    A natural gas transmission company as defined in s.
605     368.103; or
606          5.    A Category I liquefied petroleum gas dealer, a Category
607     II liquefied petroleum gas dispenser, or a Category III
608     liquefied petroleum gas cylinder exchange operator as defined in
609     s. 527.01.
610          (c)    The use of an appliance, including a stove or grill,
611     which uses the types or fuel sources of energy production which
612     may be used, delivered, converted, or supplied by the entities
613     listed in paragraph (b). As used in this paragraph, the term
614     "appliance" means a device or apparatus manufactured and
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 25 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


615     designed to use energy and for which the Florida Building Code
616     or the Florida Fire Prevention Code provides specific
617     requirements.
618          Section 16.   (1)   The Public Service Commission shall
619     conduct an assessment of the security and resiliency of the
620     state's electric grid and natural gas facilities against both
621     physical threats and cyber threats. In conducting this
622     assessment, the commission shall consult with the Department of
623     Emergency Management and, in its assessment of cyber threats,
624     shall consult with the Florida Digital Service. All electric
625     utilities, natural gas utilities, and natural gas pipelines
626     operating in this state, regardless of ownership structure,
627     shall cooperate with the commission to provide access to all
628     information necessary to conduct the assessment.
629          (2)   By July 1, 2025, the commission shall submit a report
630     of its assessment to the Governor, the President of the Senate,
631     and the Speaker of the House of Representatives. The report must
632     also contain any recommendations for potential legislative or
633     administrative actions that may enhance the physical security or
634     cyber security of the state's electric grid or natural gas
635     facilities.
636          Section 17.   (1)   Recognizing the evolution and advances
637     that have occurred and continue to occur in nuclear power
638     technologies, the Public Service Commission shall study and
639     evaluate the technical and economic feasibility of using
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 26 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


640     advanced nuclear power technologies, including small modular
641     reactors, to meet the electrical power needs of the state, and
642     research means to encourage and foster the installation and use
643     of such technologies at military installations in the state in
644     partnership with public utilities. In conducting this study, the
645     commission shall consult with the Department of Environmental
646     Protection and the Department of Emergency Management.
647          (2)   By April 1, 2025, the commission shall prepare and
648     submit a report to the Governor, the President of the Senate,
649     and the Speaker of the House of Representatives, containing its
650     findings and any recommendations for potential legislative or
651     administrative actions that may enhance the use of advanced
652     nuclear technologies in a manner consistent with the energy
653     policy goals in s. 377.601(2), Florida Statutes.
654          Section 18.   (1)   Recognizing the continued development of
655     technologies that support the use of hydrogen as a
656     transportation fuel and the potential for such use to help meet
657     the state's energy policy goals in s. 377.601(2), Florida
658     Statutes, the Department of Transportation, in consultation with
659     the Office of Energy within the Department of Agriculture and
660     Consumer Services, shall study and evaluate the potential
661     development of hydrogen fueling infrastructure, including
662     fueling stations, to support hydrogen-powered vehicles that use
663     the state highway system.
664          (2)   By April 1, 2025, the department shall prepare and
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 27 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


665     submit a report to the Governor, the President of the Senate,
666     and the Speaker of the House of Representatives, containing its
667     findings and any recommendations for potential legislative or
668     administrative actions that may accommodate the future
669     development of hydrogen fueling infrastructure in a manner
670     consistent with the energy policy goals in s. 377.601(2),
671     Florida Statutes.
672          Section 19.    This act shall take effect July 1, 2024.
673
674           -----------------------------------------------------
675                         T I T L E   A M E N D M E N T
676          Remove everything before the enacting clause and insert:
677     An act relating to energy resources; creating s. 163.3210, F.S.;
678     providing legislative intent; providing definitions; allowing
679     resiliency facilities in certain land use categories in local
680     government comprehensive plans and specified districts if
681     certain criteria are met; allowing local governments to adopt
682     ordinances for resiliency facilities if certain requirements are
683     met; prohibiting amendments to a local government's
684     comprehensive plan, land use map, zoning districts, or land
685     development regulations in a manner that would conflict with
686     resiliency facility classification after a specified date;
687     amending s. 286.29, F.S.; revising energy guidelines for public
688     businesses; eliminating the requirement that the Department of
689     Management Services develop and maintain the Florida Climate-
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                    Page 28 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


690     Friendly Preferred Products List; eliminating the requirement
691     that state agencies contract for meeting and conference space
692     only with facilities that have a Green Lodging designations;
693     eliminating the requirement that state agencies, state
694     universities, community colleges, and local governments that
695     procure new vehicles under a state purchasing plan select
696     certain vehicles under a specified circumstance; requiring the
697     Department of Management Services to develop a Florida Humane
698     Preferred Energy Products List in consultation with the
699     Department of Commerce and the Department of Agriculture and
700     Consumer Services; providing for assessment considerations in
701     developing the list; defining the term "forced labor"; requiring
702     state agencies and political subdivisions that procure energy
703     products from state term contracts to consult the list and
704     purchase or procure such products; prohibiting state agencies
705     and political subdivisions from purchasing or procuring products
706     not included in the list; amending s. 366.032, F.S.; including
707     development districts as a type of political subdivision for
708     purposes of preemption over utility service restrictions;
709     amending s. 366.04, F.S.; revising the jurisdiction of the
710     Florida Public Service Commission; amending s. 366.94, F.S.;
711     removing terminology; conforming provisions to changes made by
712     the act; authorizing the commission upon a specified date to
713     approve voluntary public utility programs for electric vehicle
714     charging if certain requirements are met; requiring that all
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 29 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


715     revenues received from such program be credited to the public
716     utility's general body of ratepayers; providing applicability;
717     creating s. 366.99, F.S.; defining terms; authorizing public
718     utilities to submit to the commission a petition for a proposed
719     cost recovery for certain natural gas facilities relocation
720     costs; requiring the commission to conduct annual proceedings to
721     determine each utility's prudently incurred natural gas
722     facilities relocation costs and to allow for the recovery of
723     such costs; providing requirements for the commission's review;
724     providing requirements for the allocation of such recovered
725     costs; requiring the commission to adopt rules; providing a
726     timeframe for such rulemaking; amending s. 377.601, F.S.;
727     revising legislative intent; amending s. 377.6015, F.S.;
728     revising the powers and duties of the department; conforming
729     provisions to changes made by the act; amending s. 377.703,
730     F.S.; revising additional functions of the department relating
731     to energy resources; conforming provisions to changes made by
732     the act; repealing s. 377.801, F.S., relating to the Florida
733     Energy and Climate Protection Act; repealing s. 377.802, F.S.,
734     relating to the purpose of the act; repealing s. 377.803, F.S.,
735     relating to definitions under the act; repealing s. 377.804,
736     F.S., relating to the Renewable Energy and Energy-Efficient
737     Technologies Grants Program; repealing s. 377.808, F.S.,
738     relating to the Florida Green Government Grants Act; repealing
739     s. 377.809, F.S., relating to the Energy Economic Zone Pilot
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 30 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


740     Program; repealing s. 377.816, F.S., relating to the Qualified
741     Energy Conservation Bond Allocation Program; prohibiting the
742     approval of new or additional applications, certifications, or
743     allocations under such programs; prohibiting new contracts,
744     agreements, and awards under such programs; rescinding all
745     certifications or allocations issued under such programs;
746     providing an exception; providing application relating to
747     existing contracts or agreements under such programs; amending
748     ss. 288.9606 and 380.0651, F.S.; conforming provisions to
749     changes made by the act; amending s. 403.9405, F.S.; revising
750     the applicability of the Natural Gas Transmission Pipeline
751     Siting Act; amending s. 720.3075, F.S.; prohibiting certain
752     homeowners' association documents from precluding certain types
753     or fuel sources of energy production and the use of certain
754     appliances; requiring the commission to conduct an assessment of
755     the security and resiliency of the state's electric grid and
756     natural gas facilities against physical threats and cyber
757     threats; requiring the commission to consult with the Department
758     of Emergency Management and the Florida Digital Service;
759     requiring cooperation from all operating facilities in the state
760     relating to such assessment; requiring the commission to submit
761     by a specified date a report of such assessment to the Governor
762     and the Legislature; providing additional content requirements
763     for such report; requiring the commission to study and evaluate
764     the technical and economic feasibility of using advanced nuclear
      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 31 of 32
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1645   (2024)
        Amendment No. 1


765     power technologies to meet the electrical power needs of the
766     state; requiring the commission to consult with the Department
767     of Environmental Protection and the Department of Emergency
768     Management; requiring the commission to submit by a specified
769     date a report to the Governor and the Legislature that contains
770     its findings and any additional recommendations for potential
771     legislative or administrative actions; requiring the Department
772     of Transportation, in consultation with the Office of Energy
773     within the Department of Agriculture and Consumer Services, to
774     study and evaluate the potential development of hydrogen fueling
775     infrastructure to support hydrogen-powered vehicles; requiring
776     the department to submit by a specified date a report to the
777     Governor and the Legislature that contains its findings and
778     recommendations for specified actions that may accommodate the
779     future development of hydrogen fueling infrastructure; providing
780     an effective date.




      650373 - h1645-strike.docx
       Published On: 1/29/2024 8:02:08 PM
                                   Page 32 of 32
PCS for HB 683
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 683 Energy Infrastructure Investment
SPONSOR(S): Energy, Communications & Cybersecurity Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                       ACTION                    ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

  Orig. Comm.: Energy, Communications &                                                     Bauldree              Keating
    Cybersecurity Subcommittee

                                              SUMMARY ANALYSIS
The Public Service Commission (PSC) has broad jurisdiction over the rates and service of public (investor-
owned) electric and natural gas utilities in Florida. The PSC sets rates for these utilities through various
mechanisms to allow the utilities to recover their legitimate costs of providing service, including a return on the
utility’s prudent capital investments.

Renewable natural gas (RNG) is the gaseous product of the decomposition of organic matter, processed into a
pipeline-quality gas that is fully interchangeable with conventional natural gas. Primary sources of RNG include
landfills, livestock operations, and wastewater treatment facilities. Hydrogen fuel is produced predominantly
from natural gas but can also be produced, at a greater cost, by electrolysis powered by renewable energy.

The bill provides that the PSC may create an experimental mechanism to facilitate investment in energy
infrastructure consistent with the legislature’s intent to promote renewable energy and the definition of
“renewable natural gas.” Thus, it appears that the bill authorizes the PSC to create an experimental
mechanism to promote investment in renewable natural gas infrastructure.

The bill does not appear to impact state or local government revenues or expenditures.

The bill provides an effective date of July 1, 2024.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0683.ECC
DATE: 1/27/2024
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Rate Setting for Public Utilities

         The Public Service Commission (PSC) has broad jurisdiction over the rates and service of public
         (investor-owned) electric and natural gas utilities in Florida. 1 Under this broad grant of authority, and
         through more specific grants of authority in Chapter 366, F.S., the PSC sets rates for such utilities
         through various mechanisms, each of which is established in a separate administrative proceeding:

              •   Base rates (set for electric and natural gas utilities)
                        o Adjusted as needed in a general rate case, conducted through a formal evidentiary
                            hearing for electric utilities and either a formal or informal proceeding for natural gas
                            utilities. 2
                       o Designed to recover most operations and maintenance expenses, depreciation expense
                            (recovery of capital investment over time), and a return on capital investment.
              •   Fuel and purchased power cost recovery charges (set for electric utilities only)
                       o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover the costs of fuel and the energy component of wholesale power
                            purchases.
                        o By PSC order, may include recovery of certain capital investments, including a return on
                            investment.
              •   Purchased gas adjustment charges (set for natural gas utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover the costs of wholesale natural gas purchases.
              •   Capacity cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs of the capacity component of wholesale power purchases.
                        o By statute, may include recovery of certain costs related to development of new nuclear
                            power plants, including a return. 3
              •   Environmental cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs to comply with government-mandated environmental
                            standards.
                        o By statute, may include recovery of certain capital investments, including a return on
                            investment. 4
              •   Storm protection plan cost recovery charges (set for electric utilities only)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs to implement PSC-approved storm protection plans.
                        o By statute, may include recovery of certain capital investments, including a return on
                            investment. 5
              •   Energy conservation and efficiency cost recovery charges (set for electric and natural gas
                  utilities)
                        o Adjusted annually through a formal evidentiary hearing.
                        o Designed to recover costs of implementing PSC-approved energy conservation and
                            efficiency programs.

1See, e.g., ss. 366.01, 366.04(1), 366.041, 366.05(1), and 366.06, F.S.
2 A natural gas utility or a public electric utility whose annual sales to end-use customers amount to less than 1,000 gigawatt hours may

request that the PSC process the utility’s petition for rate relief using an informal “proposed agency action” procedure. S. 366.06(4),
F.S.
3 S. 366.93, F.S.
4 S. 366.8255, F.S.
5 S. 366.96, F.S.

STORAGE NAME: pcs0683.ECC                                                                                                          PAGE: 2
DATE: 1/27/2024
         As required by law, the PSC sets base rates to allow utilities to recover their legitimate costs of
         providing service (not otherwise recovered through another cost recovery mechanism), including a
         return on the utility’s prudent capital investments (“rate base”). 6 In each rate case, the PSC sets a
         “reasonable” rate of return on equity for each utility to apply to its rate base. This rate is typically
         applied to the utility’s investments that the PSC allows to be recovered through cost recovery
         mechanisms other than base rates.

         The PSC is also authorized to establish certain experimental rates. 7

         Renewable Energy

         Florida law provides that it is in the public interest to promote the development of renewable energy
         resources to help diversify fuel types for electric production, minimize the volatility of fuel costs,
         encourage investment within the state, improve environmental conditions, and make Florida a leader in
         new and innovative technologies. 8 The law defines renewable energy as energy produced from a
         method that uses one or more of the following fuels or energy sources: hydrogen produced or resulting
         from sources other than fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean
         energy, and hydroelectric power. 9

         Renewable Natural Gas

         Renewable natural gas (RNG) is the gaseous product of the decomposition of organic matter,
         processed into a pipeline-quality gas that is fully interchangeable with conventional natural gas. Primary
         sources of RNG include landfills, livestock operations, and wastewater treatment facilities. 10

         In 2021, the Legislature added the term “renewable natural gas” to Florida law and defined it as
         “anaerobically generated biogas, landfill gas, or wastewater treatment gas refined to a methane content
         of 90 percent or greater which may be used as a transportation fuel or for electric generation or is of a
         quality capable of being injected into a natural gas pipeline.” The legislation authorized the PSC to
         approve cost recovery for the purchase of RNG by natural gas public utilities, even if pricing exceeds
         the current market price of natural gas, if the PSC deems the purchase to be reasonable and prudent. 11

         Effect of the Bill

         The bill provides that the PSC may create an experimental mechanism to facilitate investment in
         energy infrastructure consistent with the legislature’s intent to promote renewable energy and the
         definition of “renewable natural gas.” Thus, it appears that the bill authorizes the PSC to create an
         experimental mechanism to promote investment in renewable natural gas infrastructure. Under the bill,
         the experimental mechanism must be consistent with part of the structure set forth in current law for
         storm protection plan cost recovery. 12, 13


6 Ss. 366.041(1) and 366.06(1), F.S.
7 S. 366.075, F.S.
8 S. 366.91, F.S.
9 S. 366.91(2)(e), F.S. The term also includes waste heat from sulfuric acid manufacturing operations and electrical energy produced

using pipeline-quality synthetic gas produced from waste petroleum coke with carbon capture and sequestration.
10 Office of Energy Efficiency & Renewable Energy, Alternative Fuels Data Center – Renewable Natural Gas Production, U.S.

Department of Energy, https://afdc.energy.gov/fuels/natural_gas_renewable.html (last visited Jan. 27, 2024).
11 Ch. 2021-178, Laws of Fla., codified at s. 366.91(2)(f) and (9), F.S.
12 Section 366.96(7), F.S., provides that after the PSC approves a utility’s transmission and distribution storm protection plan,

proceeding with actions to implement the plan shall not constitute or be evidence of imprudence. Furthermore, this section provides that
The PSC shall conduct an annual proceeding to determine the utility’s prudently incurred transmission and distribution storm protection
plan costs and allow the utility to recover such costs through a charge separate and apart from its base rates, to be referred to as the
storm protection plan cost recovery clause. If the PSC determines that costs were prudently incurred, those costs will not be subject to
disallowance or further prudence review except for fraud, perjury, or intentional withholding of key information by the public utility. S.
366.96(7), F.S.
13 Section 366.96(8), F.S., provides that annual transmission and distribution storm protection plan costs may not include costs

recovered through the public utility’s base rates and must be allocated to customer classes pursuant to the rate design most recently
approved by the PSC. S. 366.96(8), F.S.
STORAGE NAME: pcs0683.ECC                                                                                                        PAGE: 3
DATE: 1/27/2024
       Under the bill, the PSC may decide if the experimental mechanism is conducted in an annual
       proceeding. The PSC must adopt rules to implement and administer the provisions of the bill and
       propose a rule as soon as practicable, but no later than October 31, 2024.

       The bill provides an effective date of July 1, 2024.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 366.075, F.S., relating to experimental transitional rates.

       Section 2: Provides an effective date.


                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill requires the PSC to propose and adopt a rule to implement the bill within a specified timeline.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

STORAGE NAME: pcs0683.ECC                                                                                 PAGE: 4
DATE: 1/27/2024
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: pcs0683.ECC                                                 PAGE: 5
DATE: 1/27/2024
F   L     O    R   I   D    A      H   O   U   S   E    O   F     R    E   P    R   E   S   E   N   T   A   T   I   V   E   S




           PCS for HB 683                              ORIGINAL                                                 2024




    1                                          A bill to be entitled
    2              An act relating to energy infrastructure investment;
    3              amending s. 366.075, F.S.; authorizing the Public
    4              Service Commission to establish an experimental
    5              mechanism to facilitate certain energy infrastructure
    6              investment; providing an effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                 Section 1.          Subsection (3) is added to section 366.075,
11         Florida Statutes, to read:
12                 366.075         Experimental and transitional rates.—
13                 (3)          The commission may establish an experimental mechanism
14         to facilitate energy infrastructure investment consistent with
15         the structure set forth in s. 366.96(7) and (8), the intent of
16         s. 366.91(1), and the definition in s. 366.91(2)(f). The
17         commission shall have discretion to determine whether such
18         mechanism is conducted in an annual proceeding. The commission
19         shall adopt rules to implement and administer this section and
20         shall propose a rule for adoption as soon as practicable but no
21         later than October 31, 2024.
22                 Section 2.          This act shall take effect July 1, 2024.




                                                         Page 1 of 1
        PCS for HB 683.DOCX
        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                        V
       Energy, Communications & Cybersecurity Subcommittee
                  PCS for HB 683 by Rep. Yeager
                 Energy Infrastructure Investment

                          AMENDMENT SUMMARY
                             January 30, 2024


Amendment 1 by Yeager (line 21):

  •   Revises the date by which the Public Service Commission must propose a rule
      for adoption to January 1, 2025.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCS for HB 683   (2024)
      Amendment No. 1




              COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                        (Y/N)
      ADOPTED AS AMENDED             (Y/N)
      ADOPTED W/O OBJECTION          (Y/N)
      FAILED TO ADOPT                (Y/N)
      WITHDRAWN                      (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:       Energy, Communications &
2     Cybersecurity Subcommittee
3     Representative Yeager offered the following:
4
5          Amendment
6          Remove line 21 and insert:
7     later than January 1, 2025.




    PCS for HB 683 a1
     Published On: 1/29/2024 5:16:02 PM
                                    Page 1 of 1


File and source

File
2024-01-30_3226_energy-communications-cybersecurity-subcommittee_meeting-packets_fn-ecc-1-30-24.pdf
Size
1,565,861 bytes
SHA-256
2a317f4de7d44acc8e241fef2d35b08f03401f605198cf65df07f88a7a2a1bc0
Our copy
2024-01-30_3226_energy-communications-cybersecurity-subcommittee_meeting-packets_fn-ecc-1-30-24.pdf
Original
No public link identified.
Back to top