Economic Infrastructure Subcommittee, Wednesday, March 12, 2025
Summary
Meeting packet for the Economic Infrastructure Subcommittee of the Florida House of Representatives Commerce Committee, for Wednesday, March 12, 2025, 10:15 AM - 12:15 PM in Reed Hall. The agenda lists HB 703 on utility relocation, HB 867, HB 1137, HB 1523 and a proposed committee substitute for HB 987 on transportation facilities designation. The bill analysis for HB 703 states that the bill extends the time for utility owners to begin relocation work from 30 days to 60 days after written notice, and shifts the cost of relocating broadband Internet, cable and video service facilities to the authority that requires the relocation. It states an effective date of July 1, 2025.
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Economic Infrastructure Subcommittee
Wednesday, March 12, 2025
10:15 AM - 12:15 PM
Reed Hall (102 HOB)
Daniel Perez Chip LaMarca
Speaker Chair
The Florida House of Representatives
Commerce Committee
Economic Infrastructure Subcommittee
Daniel Perez Chip LaMarca
Speaker Chair
Meeting Agenda
Wednesday, March 12, 2025
10:15 am – 12:15 pm
Reed Hall (102 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 703 Utility Relocation by Robinson, W.
• HB 867 Indemnification and Insurance Obligations of Commuter Rail Transportation
Providers by Lopez, V.
• HB 1137 Preemption Over Utility Service Restrictions by Shoaf
• HB 1523 Utility Services by Busatta
Consideration of the following proposed committee substitute(s):
• PCS for HB 987 -- Transportation Facilities Designation
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 703
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 703 COMPANION BILL: SB 818 (McClain)
TITLE: Utility Relocation LINKED BILLS: None
SPONSOR(S): Robinson, W. RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
SUMMARY
Effect of the Bill:
The bill modifies the process under which utility owners must relocate facilities located in a public right-of-way by:
• Requiring utility owners, within 30 days after written notice from a public right-of-way authority, to submit
a “reasonable” schedule for relocation of their facilities located within the right-of-way;
• Extending the time allowed for utility owners to begin relocation work from 30 days to 60 days; and
• For relocation of utilities used to provide broadband Internet, cable, and video service, shifting cost
responsibility from the utility owner to the right-of-way authority that requires such relocation.
Fiscal or Economic Impact:
The bill will have an indeterminate but likely significant negative impact on state and local government
expenditures.
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ANALYSIS
EFFECT OF THE BILL:
The bill modifies the process under which utilities located within the right-of-way (ROW) limits of any public road
or publicly owned rail corridor must be relocated upon request of the government entity that has jurisdiction and
control over the road or rail corridor. These government entities, referred to as “authorities,” include the
Department of Transportation and local governments.
Specifically, the bill requires a utility owner, within 30 days after written notice from an authority that the utility is
interfering with the use, maintenance, improvement, extension, or expansion of a public road or rail corridor, to
provide the authority with a reasonable relocation schedule to expedite completion of the authority’s construction
of maintenance project. The bill extends the time allowed for a utility owner to initiate work to alleviate the
interference from 30 days after written notice to 60 days after written notice from the authority.
The bill also creates an exception to the general requirement that the utility owner is responsible for the expense
of relocating its utilities. If an authority requires a provider of broadband Internet 1, cable, or video service 2 to
relocate a utility used to provide such service, the bill provides that the utility owner must perform the necessary
work but that the authority must pay the entire expense attributable to the work. (Section 1)
The bill amends a cross-reference to conform to these changes. (Section 2)
1 The bill provides that “broadband Internet service” has the same meaning as provided in s. 288.9961(2), F.S., which defines
the term as “a service that offers a connection to the Internet with a capacity for transmission at a consistent speed of at least
25 megabits per second downstream and 3 megabits per second upstream.”
2 The bill provides that “cable service provider” and “video service provider” have the same meaning as provided in s, 610.103,
F.S.
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1
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an indeterminate but likely significant negative impact on state government expenditures
associated with transportation projects due to the transfer of cost responsibility for relocation of broadband
Internet, cable, and video service facilities located within the right-of-way limits of roads and rail corridors under
the jurisdiction and control of the Department of Transportation. 3
LOCAL GOVERNMENT:
The bill will have an indeterminate but likely significant negative impact on local government expenditures
associated with transportation projects due to the transfer of cost responsibility for relocation of broadband
Internet, cable, and video service facilities located within the right-of-way limits of roads and rail corridors under
the jurisdiction and control of local government entities.
PRIVATE SECTOR:
The bill will eliminate facility relocation costs for providers of broadband Internet, cable, and video service when
such facilities are located within the right-of-way limits of roads and rail corridors under the jurisdiction and
control of the Department of Transportation or a local government entity.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Utility Use of the Public Right-of-Way
The Department of Transportation (DOT) and each local government that has jurisdiction and control of public
roads or publicly owned rail corridors is authorized to prescribe and enforce reasonable rules or regulations
related to placing and maintaining utility facilities across, on, or within the right-of-way (ROW) limits of any road
or publicly owned rail corridors under its jurisdiction. Each of these types of government entities is individually
referred to as an “authority” when acting in this capacity. 4
Each ROW authority may authorize any person who is a resident of this state, or any corporation organized under
the laws of this state or licensed to do business within this state, to use a public ROW for a utility in accordance
with the authority’s rules or regulations. For purposes of obtaining such use, a “utility” includes:
• Electric transmission lines
• Voice, telegraph, data, or other communications services lines
• Wireless facilities
• Poles and pole lines
• Railways
• Ditches
• Sewers
• Water, heat, or gas mains
• Pipelines
• Fences
• Gasoline tanks and pumps
• Any other structures referred to in ss. 337.401–337.404, F.S.5
3 An agency analysis of this bill was requested from the Department of Transportation on March 4, 2025, and as of the date of
publication has not been received.
4 S. 337.401(1), F.S.
5 Id.
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A utility may not be installed, located, or relocated within a public ROW unless authorized by a written permit.
However, for public roads or publicly owned rail corridors under DOT’s jurisdiction, a utility relocation schedule
and relocation agreement may be executed in lieu of a written permit. 6
If a public ROW authority finds that a utility placed within the ROW limits of a public road or publicly owned rail
corridor is unreasonably interfering in any way with the use, maintenance, improvement, extension, or expansion
of the road or rail corridor, it must notify the utility or its agent in writing. Within 30 days of such notice, the utility
owner must initiate the work necessary to alleviate the interference at its own expense. 7 The work must be
completed within a reasonable time as stated in the notice or a time agreed to by the authority and utility owner. 8
Additional Relevant Information
Art. VII, s. 18(a), of the Florida Constitution states that a county or municipality is not bound by a general law that
requires the county or municipality to spend funds or to take an action requiring the expenditure of funds unless
the legislature has determined that such law fulfills an important state interest and:
• Funds are appropriated to cover the estimated expenditure;
• The legislature provides authority for the county or municipality, by a simply majority vote, to enact a
funding source not available for such county or municipality on February 1, 1989, that can be used to
generate funds to cover the estimated expenditure;
• The law requiring the expenditure is approved by two-thirds of the membership in each house of the
legislature;
• The expenditure is required to comply with a law that applies to all persons similarly situated, including
the state and local governments; or
• The law is required to comply with a federal requirement or required for eligibility for a federal
entitlement, which federal requirement specifically contemplates actions by counties or municipalities for
compliance.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Bauldree
Subcommittee
Commerce Committee
6 S. 337.401(2), F.S.
7 S. 337.401(1), F.S. This law provides a list of specific scenarios in which responsibility for relocation expenses is modified.
8 Id.
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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 703 2025
1 A bill to be entitled
2 An act relating to utility relocation; amending s.
3 337.403, F.S.; requiring utility owners to provide a
4 certain authority with utility relocation schedules
5 within a certain timeframe to expedite work; revising
6 the timeframe within which a utility owner must
7 initiate work; requiring a service provider to perform
8 work under specific circumstances; requiring the
9 authority to pay relocation expenses in certain
10 instances; amending s. 125.42, F.S.; conforming a
11 cross-reference; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (1) of section 337.403, Florida
16 Statutes, is amended to read:
17 337.403 Interference caused by utility; expenses.—
18 (1) If a utility that is placed upon, under, over, or
19 within the right-of-way limits of any public road or publicly
20 owned rail corridor is found by the authority to be unreasonably
21 interfering in any way with the convenient, safe, or continuous
22 use, or the maintenance, improvement, extension, or expansion,
23 of such public road or publicly owned rail corridor, the utility
24 owner shall, within 30 days after upon 30 days' written notice
25 to the utility or its agent by the authority, provide the
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26 authority a reasonable utility relocation schedule to expedite
27 the completion of the authority's construction or maintenance
28 project identified in the notice, and, within 60 days after the
29 written notice from the authority, initiate the work necessary
30 to alleviate the interference at its own expense except as
31 provided in paragraphs (a)-(k) (a)-(j). The work must be
32 completed within such reasonable time as stated in the notice or
33 such time as agreed to by the authority and the utility owner.
34 (a) If the relocation of utility facilities, as referred
35 to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
36 84-627, is necessitated by the construction of a project on the
37 federal-aid interstate system, including extensions thereof
38 within urban areas, and the cost of the project is eligible and
39 approved for reimbursement by the Federal Government to the
40 extent of 90 percent or more under the Federal-Aid Highway Act,
41 or any amendment thereof, then in that event the utility owning
42 or operating such facilities shall perform any necessary work
43 upon notice from the department, and the state shall pay the
44 entire expense properly attributable to such work after
45 deducting therefrom any increase in the value of a new facility
46 and any salvage value derived from an old facility.
47 (b) When a joint agreement between the department and the
48 utility is executed for utility work to be accomplished as part
49 of a contract for construction of a transportation facility, the
50 department may participate in those utility work costs that
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51 exceed the department's official estimate of the cost of the
52 work by more than 10 percent. The amount of such participation
53 is limited to the difference between the official estimate of
54 all the work in the joint agreement plus 10 percent and the
55 amount awarded for this work in the construction contract for
56 such work. The department may not participate in any utility
57 work costs that occur as a result of changes or additions during
58 the course of the contract.
59 (c) When an agreement between the department and utility
60 is executed for utility work to be accomplished in advance of a
61 contract for construction of a transportation facility, the
62 department may participate in the cost of clearing and grubbing
63 necessary to perform such work.
64 (d) If the utility facility was initially installed to
65 exclusively serve the authority or its tenants, or both, the
66 authority shall bear the costs of the utility work. However, the
67 authority is not responsible for the cost of utility work
68 related to any subsequent additions to that facility for the
69 purpose of serving others. For a county or municipality, if such
70 utility facility was installed in the right-of-way as a means to
71 serve a county or municipal facility on a parcel of property
72 adjacent to the right-of-way and if the intended use of the
73 county or municipal facility is for a use other than
74 transportation purposes, the obligation of the county or
75 municipality to bear the costs of the utility work shall extend
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76 only to utility work on the parcel of property on which the
77 facility of the county or municipality originally served by the
78 utility facility is located.
79 (e) If, under an agreement between a utility and the
80 authority entered into after July 1, 2009, the utility conveys,
81 subordinates, or relinquishes a compensable property right to
82 the authority for the purpose of accommodating the acquisition
83 or use of the right-of-way by the authority, without the
84 agreement expressly addressing future responsibility for the
85 cost of necessary utility work, the authority shall bear the
86 cost of removal or relocation. This paragraph does not impair or
87 restrict, and may not be used to interpret, the terms of any
88 such agreement entered into before July 1, 2009.
89 (f) If the utility is an electric facility being relocated
90 underground in order to enhance vehicular, bicycle, and
91 pedestrian safety and in which ownership of the electric
92 facility to be placed underground has been transferred from a
93 private to a public utility within the past 5 years, the
94 department shall incur all costs of the necessary utility work.
95 (g) An authority may bear the costs of utility work
96 required to eliminate an unreasonable interference when the
97 utility is not able to establish that it has a compensable
98 property right in the particular property where the utility is
99 located if:
100 1. The utility was physically located on the particular
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101 property before the authority acquired rights in the property;
102 2. The utility demonstrates that it has a compensable
103 property right in adjacent properties along the alignment of the
104 utility or, after due diligence, certifies that the utility does
105 not have evidence to prove or disprove that it has a compensable
106 property right in the particular property where the utility is
107 located; and
108 3. The information available to the authority does not
109 establish the relative priorities of the authority's and the
110 utility's interests in the particular property.
111 (h) If a municipally owned utility or county-owned utility
112 is located in a rural area of opportunity, as defined in s.
113 288.0656(2), and the department determines that the utility is
114 unable, and will not be able within the next 10 years, to pay
115 for the cost of utility work necessitated by a department
116 project on the State Highway System, the department may pay, in
117 whole or in part, the cost of such utility work performed by the
118 department or its contractor.
119 (i) If the relocation of utility facilities is
120 necessitated by the construction of a commuter rail service
121 project or an intercity passenger rail service project and the
122 cost of the project is eligible and approved for reimbursement
123 by the Federal Government, then in that event the utility owning
124 or operating such facilities located by permit on a department-
125 owned rail corridor shall perform any necessary utility
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126 relocation work upon notice from the department, and the
127 department shall pay the expense properly attributable to such
128 utility relocation work in the same proportion as federal funds
129 are expended on the commuter rail service project or an
130 intercity passenger rail service project after deducting
131 therefrom any increase in the value of a new facility and any
132 salvage value derived from an old facility. In no event shall
133 the state be required to use state dollars for such utility
134 relocation work. This paragraph does not apply to any phase of
135 the Central Florida Commuter Rail project, known as SunRail.
136 (j) If a utility is lawfully located within an existing
137 and valid utility easement granted by recorded plat, regardless
138 of whether such land was subsequently acquired by the authority
139 by dedication, transfer of fee, or otherwise, the authority must
140 bear the cost of the utility work required to eliminate an
141 unreasonable interference. The authority shall pay the entire
142 expense properly attributable to such work after deducting any
143 increase in the value of a new facility and any salvage value
144 derived from an old facility.
145 (k) If the authority requires a provider of broadband
146 Internet service as defined in s. 288.9961(2), or a cable
147 service provider or video service provider as defined in s.
148 610.103, to relocate a facility used to provide such service,
149 the service provider owning or operating such facility shall
150 perform any necessary work upon notice from the authority, and
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151 the authority requiring such relocation shall pay the entire
152 expense properly attributable to such work.
153 Section 2. Subsection (5) of section 125.42, Florida
154 Statutes, is amended to read:
155 125.42 Water, sewage, gas, power, telephone, other
156 utility, and television lines within the right-of-way limits of
157 county roads and highways.—
158 (5) In the event of widening, repair, or reconstruction of
159 any such road, the licensee shall move or remove such water,
160 sewage, gas, power, telephone, and other utility lines and
161 television lines at no cost to the county should they be found
162 by the county to be unreasonably interfering, except as provided
163 in s. 337.403(1)(d)-(k) s. 337.403(1)(d)-(j).
164 Section 3. This act shall take effect July 1, 2025.
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HB 867
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 867 COMPANION BILL: SB 916 (Rodriguez)
TITLE: Indemnification and Insurance Obligations of LINKED BILLS: None
Commuter Rail Transportation Providers RELATED BILLS: None
SPONSOR(S): Lopez, V.
Committee References
Economic Infrastructure Civil Justice & Claims Commerce
SUMMARY
Effect of the Bill:
The bill establishes the Coastal Link Commuter Rail Service Act. Under the bill, a state, county, municipality, district,
authority, or other separate unit of government that has entered into an agreement with Brightline to operate
commuter rail service on the Coastal Link corridor may assume indemnification and insurance obligations in
certain circumstances.
Fiscal or Economic Impact:
None.
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ANALYSIS
EFFECT OF THE BILL:
The bill creates s. 343.811, F.S., entitling it the Coastal Link Commuter Rail Service Act. (Section 1). Under the bill, a
state, county, municipality, district, authority, or other separate unit of government that has entered into an
agreement with Brightline to operate commuter rail service on the Coastal Link corridor may assume
indemnification and insurance obligations in certain circumstances.
Assumption of Obligations (Section 2)
The bill provides that in association with the development or operation of a commuter rail service on the Coastal
Link corridor, an agency may assume certain obligations.
The bill states that an agency may assume obligations by contract to protect, defend, indemnify, and hold harmless
both Florida East Coast Railway (FECR), Brightline, and either entity’s officers, agents, and employees from and
against:
Any liability, cost, and expense, including, but not limited to, the agency’s passengers and other rail corridor
invitees on the Coastal Link corridor, regardless of whether the loss, damage, destruction, injury, or death
is caused in whole or in part by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of
such freight rail operator or Brightline, its successors, or its officer, agents, and employees, or any other
person.
Any loss, injury, or damage incurred by other rail corridor invitees up to a self-insurance retention amount
of $5 million with respect to limited covered accidents caused by the agency.
The bill provides that an agency may not contract to assume liability in any instance that exceeds the following
parameters of allocation of risk:
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1
The agency may be solely responsible for any loss, injury, or damage to the agency’s passengers, or rail
corridor invitees, third parties, or trespassers, regardless of circumstances or cause, subject to the other
provisions of the bill.
In the event of a limited covered accident caused by FECR or Brightline, the authority of an agency to
protect, defend, and indemnify FECR or Brightline for all liability, cost, and expense, including punitive or
exemplary damages, in excess of the self-insurance retention amount exists only if FECR or Brightline
agrees, with respect to such accident, to protect, defend, and indemnify the agency for the amount of the
self-insurance retention amount.
Under the bill, when only one train is involved in an incident, including an incident with trespassers or at-grade
crossings, and the train is an agency train, the agency may be solely responsible for any loss, injury, or damage.
When only one train is involved in an incident and the train belongs to either FECR or Brightline, the owning entity
is solely responsible for any loss, injury, or damage, except for the agency’s passengers and other rail corridor
invitees, which are the responsibility of the agency. The entity’s passengers and other rail corridor invitees are the
responsibility of the entity.
The bill states that when an incident involves more than one operator, each operator is responsible for:
Its property, passengers, employees (excluding employees who are, at the time of the incident, rail corridor
invitees of another operator), and other rail corridor invitees.
Its proportionate share of any loss or damage to the joint infrastructure.
Its proportionate share of any loss, injury, or damage to rail corridor invitees who are not rail corridor
invitees of operators1 and trespassers or third parties outside the Coastal Link corridor as a result of the
incident.
Under the bill, any contractual duty of an agency to protect, defend, indemnify, and hold harmless FECR or
Brightline with respect to claims by rail passengers must expressly include a cap which may not exceed $323
million per occurrence, unless legislative approval is provided. This amount must be adjusted in accordance with
the federal limitation on rail passenger transportation liability, 49 U.S. Code § 28103, or any successor provision.
The bill states that the liabilities of the agency to the state or any other agency shall be as set forth in an agreement
among such entities and limited by s. 768.28(19), F.S.
Purchase of Insurance (Section 2)
Additionally, the bill provides that in association with the development or operation of a commuter rail service on
the Costal Link corridor, an agency may purchase liability insurance.
Under the bill, if an agency purchases liability insurance, the insured amount may not exceed $323 million per
occurrence. This amount will be adjusted in accordance with the aggregate allowable award to all rail passengers,
against all defendants, for all claims, including punitive damages, arising from a single accident or incident under
the federal limitation on rail passenger transportation liability, 49 U.S. Code § 28103, and any successor provisions.
The bill provides that an agency may also establish a self-insurance retention fund for the purpose of paying the
deductible limit for the insurance policies the agency may obtain, including coverage for a county agency, freight
rail operators that access the Coastal Link corridor pursuant to a contract with FECR, Brightline, commuter rail
service providers, governmental entities, or any ancillary development. The bill provides that any self-insurance
retention fund or deductible may not exceed the self-insurance retention amount of $5 million.
The bill states that if an agency elects to purchase liability insurance, such insurance and self-insurance retention
fund may provide coverage for all damages, including, but not limited to compensatory, special, and exemplary
damages. The insurance and self-insurance retention fund may be maintained to provide adequate funds to cover
1 The bill provides that the agency shall always be responsible for its passengers and its rail corridor invitees regardless of
whether the agency was involved in the incident.
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2
claims and liabilities for loss, injury, or damage arising out of or connected with the ownership, operation,
maintenance, and management of the Coastal Link corridor.
Any self-insured retention account obtained in accordance with the provisions of the bill must be a segregated
account of the agency and must be subject to the same conditions, restrictions, exclusions, obligations, and duties
included in any and all of the policies of liability insurance purchased under the bill.
Sovereign Immunity (Section 2)
The bill provides that the purchase of insurance, the establishment of a self-insurance retention fund, and the
assumption by contract to protect, defend, indemnify, and hold harmless may not be deemed a waiver of any
defense of sovereign immunity for tort claims or deemed to increase the limits of the agency’s liability for tort
claims provided under current law.
Definitions (Section 2)
The bill defines “agency” as a state, county, municipality, district, authority, or other separate unit of government
created or established by law which has entered into an agreement with Brightline allowing the government entity
to operate commuter rail service on the Coastal link corridor.
Under the bill, “Brightline” means Brightline Trains Florida, LLC, or its successors and assigns, or any of its
affiliates that is a party to an agreement with an agency in connection with the Coastal Link corridor. The bill states
that for the purposes of its status as an indemnitee, “Brightline” include Florida East Coast Dispatch, LLC.
The bill defines the “Coastal Link corridor” as the rail transit system, including the intercity passenger rail service
stations and vehicle maintenance facilities, located on or adjacent to the Florida East Coast Railway (FECR) and
Brightline rail corridor in Miami-Dade County, Broward County, and Palm Beach County.2
Under the bill, “commuter rail service” means the operation of a train transporting passengers3 and making
frequent stops within urban areas and the immediate suburbs along the rail corridor for the purpose of
transporting passengers, including boarding and alighting and the nonrevenue movement of passenger trains for
storage, maintenance, or repairs. The bill states that the term does not include the operation of trains by Brightline
transporting passengers in intercity passenger rail service between Brightline stations4.
Under the bill, “FECR” means the Florida East Coast Railway, LLC, or its successors and assigns. For the purposes of
its status as an indemnitee, the term "FECR" includes Florida East Coast Dispatch, LLC, or its successors and
assigns.
The bill defines “intercity passenger rail service” as all passenger service on the Coastal Link corridor other than
commuter rail service and is characterized by trains making less frequent stops along the Coastal Link corridor
that the commuter rail service makes.
2 The bill states that the “Coastal Link corridor” includes structures essential to railroad operations, including land, structures,
improvements, rights-of-way, easements, rail lines, rail beds, guideway structures, switches, yards, parking facilities, power
relays, switching houses, rail stations, any ancillary development, and any other facilities or equipment used for the purpose of
construction, operation, or maintenance of a railroad that provides rail service.
3 The bill states that, with respect to intercity passenger rail service or commuter rail service, “passenger” means a person,
ticketed or unticketed, using the rail service on the Costal Link corridor:
Onboard trains, locomotives, rail cars, or rail equipment employed in such intercity passenger rail service or
commuter rail service or boarding or alighting therefrom;
On or about the Coastal Link corridor for any purpose related to such intercity passenger rail service or commuter rail
service, including parking or purchasing tickets therefor and coming to, waiting for, and leaving from locomotives, rail
cars, or rail equipment; or
Meeting, assisting, or in the company of a person described in subparagraph 1. or subparagraph 2.
4 For the purpose of the “commuter rail service” definition, the bill states that “Brightline stations” means the Brightline-
owned intercity passenger rail service stations in Miami located near Aventura, Fort Lauderdale, Boca Raton, and West Palm
Beach, as well as any future stations developed by Brightline in connection with its intercity passenger rail service.
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3
Under the bill, “joint infrastructure” means any portion or segment of the Coastal Link corridor which does not
contain tracks or infrastructure designated for the exclusive use of one operator.5
“Limited covered accident” is defined in the bill as a collision directly between the trains, locomotives, rail cars, or
rail equipment of more than one operator on the Costal Link corridor, where the collision is caused by or arising
from the willful misconduct of one of the responsible operators6, as adjudicated pursuant to a final and
unappealable court order, or if punitive damages or exemplary damages are awarded due to the conduct of the
responsible operator, as adjudicated pursuant to a final and unappealable court order.
Under the bill, the term “operator” includes:
Brightline, including any passenger rail operators that access the Coastal Link corridor pursuant to a
contract with Brightline, other than an agency;
FECR, including Amtrak or any freight rail operators that access the Coastal Link corridor pursuant to a
contract with FERC;
An agency, including any commuter rail operators that access the Coastal Link corridor pursuant to a
contract with an agency; or
The South Florida Regional Transportation Authority (SFRTA), with respect to its operation contemplated
under s. 343.545, F.S.
The bill defines “proportionate share” as, with respect to a loss, injury, or damage for which operators share
responsibility, a percentage in proportion to the number of operators involved in the relevant incident.
When one or more agencies are jointly operating a commuter rail service, such agencies are considered a
single operator for the purposes of computing and assessing the proportionate share.
When two operators are involved in the incident, each is responsible for one-half of such loss, injury, or
damage; when three operators are involved in the incident, each is responsible for one-third, and so on.
When more than one agency shares responsibility with respect to loss, injury, or damage, each agency is
considered a separate entity for purposes of determining its proportionate share.
Under the bill, “rail corridor invitee” means a passenger who is on or about the Coastal Link corridor or a person
otherwise present on the Coastal Link corridor at the request of, pursuant to a contract with, or otherwise for the
purpose of doing business with or at the behest of an operator. The bill states that this term does not include
patrons at any station who are not also passengers, commercial or residential tenants at any station or the
developments in and around the stations or their invitees, or third parties performing work at a station or in the
Coastal Link corridor, including any utilities or fiber optic companies.
A rail corridor invitee of an agency may not be considered an invitee of Brightline or FECR.
A rail corridor invitee of Brightline or FECR may not be considered an invitee of an agency.
An employee of an operator is not a rail corridor invitee of such operator at any time the employee is a
passenger or is otherwise present on the Coastal Link corridor at the request of, pursuant to a contract
with, or otherwise for the purpose of doing business with or at the behest of another operator.
When a passenger is transferring from the service of one operator to another, the passenger is a rail
corridor invitee of the first operator until the passenger has left the first operator's platform, at which time
the passenger is then a rail corridor invitee of the other operator.
The bill reenacts existing law, s. 341.302(17), F.S., for the purpose of incorporating changes made by the bill.
(Section 3).
The effective date of the bill is July 1, 2025. (Section 4).
5 Train stations, including, but not limited to, pedestrian bridges, stairs, or conveyance systems, do not constitute part of the
joint infrastructure.
6 The bill states that for the purpose of the definition of “limited covered accident,” “responsible operator” means an operator
or its subsidiaries, agents, licenses, employees, officers, or directors which has caused a collision as a result of willful
misconduct.
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4
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Rail Service in Florida
The Florida Department of Transportation (DOT) must develop and implement a rail program designed to ensure
its proper maintenance, safety, revitalization, and expansion to assure its continued and increased availability, and
to respond to statewide mobility needs. DOT’s statutory rail requirements include:
Providing the overall leadership, coordination, and financial and technical assistance necessary to assure
the effective responses of the state’s rail system to mobility needs.
Promoting and facilitating the implementation of advanced rail systems.
Developing and administering state standards concerning the safety and performance of rail systems.7
Most of Florida’s rail mileage is owned by freight railroads. Roughly 60 percent of the rail mileage in the state is
owned by CSX Transportation, Inc., (CSX) and Florida East Coast Railway (FECR). The remaining rail mileage in the
state is owned by Norfolk Southern Railway, short lines railroads, and the state of Florida.8 In 1988, DOT and CSX
entered into an agreement whereby DOT purchased approximately 81 miles of CSX track and right-of-way9 in
order to operate commuter rail in South Florida.10 The commuter rail system (Tri-Rail) serves Miami-Dade,
Broward, and Palm Beach counties.11
Brightline
Brightline Trains Florida (Brightline) is the only privately owned and operated intercity railroad in the United
States.12 Brightline operates hourly intercity passenger rail service on a 235-mile corridor between Miami and
Orlando.13 Brightline is also actively planning a further extension from Orlando to Tampa.14 As of July 2024,
Brightline offers sixteen daily round trips between South Florida and Orlando, departing from the Orlando
International Airport and ending in Miami with stops in West Palm Beach, Boca Raton, Fort Lauderdale, and
Aventura.15
FECR
FECR is a regional railroad in Florida which owns all 351-mile mainline track from Jacksonville to Miami. The
railway connects to the national railway system in Jacksonville, allowing it to provide rail service in and out of
Georgia, Tennessee, South Carolina, and North Carolina. FECR is the exclusive rail provider for PortMiami, Port
Everglades, and Port of Palm Beach.16
DOT Rail Liability
7 S. 341.302, F.S.
8 Florida Rail System Plan, Executive Summary (Nov. 2023) at 3,
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/rail/plans/rail/rail-system-plan-2023/rsp-october-
version/fdot_rsp_ch-1_ada-(nov).pdf?sfvrsn=606135b_4 (last visited Mar. 11, 2025).
9 Commonly known as the South Florida Rail Corridor. Florida Department of Transportation, 2006 Florida Freight &
Passenger Rail Plan, 2-1 n. 1, http://www.fdot.gov/rail/Publications/Plans/2006/flrail06.pdf (last visited Mar. 11, 2025).
10 Florida Department of Transportation, 2006 Florida Freight & Passenger Rail Plan, 5-34
http://www.fdot.gov/rail/Publications/Plans/2006/flrail06.pdf (last visited Mar. 11, 2025).
11 Tri-Rail, System Map, https://www.tri-rail.com/ (last visited Mar. 11, 2025).
12 Brightline, About Us, https://www.gobrightline.com/about (last visited Mar. 11, 2025).
13 Florida Rail System Plan, Executive Summary (Nov. 2023) at 5,
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/rail/plans/rail/rail-system-plan-2023/rsp-october-
version/fdot_rsp_ch-1_ada-(nov).pdf?sfvrsn=606135b_4 (last visited Mar. 11, 2025).
14 Id. at 6.
15 Megan Dubois, Taking the Brightline Train from Orlando to Boca Raton: Here's What It's Like, Condé Nast Traveler (July 18,
2024), https://www.cntraveler.com/story/brightline-train-orlando-to-boca-raton (last visited Mar. 11, 2025).
16 Florida East Coast Railway, Who We Are, https://fecrwy.com/ (last visited Mar. 11, 2025).
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5
DOT is authorized to implement a statewide rail program.17 In the event of an accident in a DOT-owned rail
corridor, DOT may assume detailed obligations to specific parties who may be involved.18 These provisions relate
to DOT trains, the National Railroad Passenger Corporation (AMTRAK) trains, and freight trains. DOT may agree to
assume the obligations to indemnify and insure, pursuant to s. 343.545, F.S., freight rail service, intercity passenger
rail service, and commuter rail service on a DOT-owned rail corridor, whether the ownership is in fee or by
easement, or on a rail corridor where DOT has the right to operate.19
DOT's duty to indemnify a freight rail operator or Amtrak is capped at $200 million.20 DOT is required to
purchase up to $200 million in liability insurance and establish a self-insurance retention fund to cover
any deductible, provided that any parties covered under the insurance must pay a reasonable monetary
contribution to cover the cost of the insurance.21 The self-insurance fund or deductible is capped at $10
million.22 Neither the purchase of insurance nor the establishment of a self-insurance retention fund
constitutes a waiver of sovereign immunity.23
Sovereign Immunity
Sovereign immunity is a principle under which a government cannot be sued without its consent.24 Article X,
section 13 of the Florida Constitution allows the Legislature to waive this immunity. In accordance with article X,
section 13 of the Florida Constitution, Florida law allows for suits in tort against the state and its agencies and
subdivisions for damages resulting from the negligence of government employees acting in the scope of
employment.25 This liability exists only where a private person would be liable for the same conduct. The waiver of
sovereign immunity provided under s. 768.28, F.S., applies only to “injury or loss of property, personal injury, or
death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while
acting within the scope of the employee’s office or employment.”26
Section 768.28(5), F.S., caps tort recovery from a governmental entity at $200,000 per person and $300,000 per
incident.27 Although a court may enter an excess judgment, a claimant may not collect more than the caps provide,
absent a claim bill passed by the Legislature.28
Individual government employees, officers, or agents are immune from suit or liability for damages caused by any
action taken in the scope of employment, unless the damages result from the employee’s acting in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property.29
A government entity is not liable for any damages resulting from actions by an employee outside the scope of his or
her employment and is not liable for damages resulting from actions committed by the employee in bad faith, with
malicious purpose, or in a manner exhibiting wanton and willful disregard for human rights, safety, or property.30
Federal Limitation on Rail Passenger Transportation Liability
In the event of conduct giving rise to a claim for damages or liability arising from or in connection with the
provision of rail passenger transportation, federal law provides a monetary cap on awards to all rail passengers.
17 S. 341.302, F.S.
18 S. 341.302(17), F.S.
19 S. 341.302(17)(d), F.S.
20 S. 341.302(17)(a)6., F.S.
21 Id.
22 S. 341.302(17)(b), F.S.
23 S. 341.302(17), F.S.
24 Sovereign immunity, Legal Information Institute, https://www.law.cornell.edu/wex/sovereign_immunity (last visited Mar. 7,
2025).
25 s. 768.28(1), F.S.
26 City of Pembroke Pines v. Corrections Corp. of America, Inc., 274 So. 3d 1105, 1112 (Fla. 4th DCA 2019) (quoting s. 768.28(1),
F.S.) (internal punctuation omitted).
27 S. 768.28(5), F.S.
28 Breaux v. City of Miami Beach, 899 So. 2d 1059 (Fla. 2005).
29 S. 768.28(9)(a), F.S.
30 Id.
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6
Under 49 U.S. Code § 28103 the aggregate allowable award to all rail passengers, against all defendants, for all
claims, including punitive damages, arising from a single accident or incident may not exceed $200,000,00.31 In
2021, this cap was adjusted in accordance with inflation to $322,864,228.32
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Bauldree
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee
31 49 U.S.C. § 28103 (1997).
32 Adjustment to Rail Passenger Transportation Liability Cap, 86 Fed. Reg. 11571 (Feb. 22, 2021) (amending 49 U.S.C. §
28103).
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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 867 2025
1 A bill to be entitled
2 An act relating to indemnification and insurance
3 obligations of commuter rail transportation providers;
4 creating part III of ch. 343, F.S., entitled "Coastal
5 Link Commuter Rail Service Act,"; creating s. 343.811,
6 F.S.; providing a short title; providing definitions;
7 authorizing agencies, in conjunction with the
8 operation of certain commuter rail services, to assume
9 certain indemnification and insurance obligations,
10 subject to certain requirements; providing
11 construction; reenacting s. 341.302(17)(d), F.S.,
12 relating to the rail program and duties and
13 responsibilities of the Department of Transportation,
14 to incorporate the enactment of part III of ch. 343,
15 F.S., in a reference thereto; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Part III of chapter 343, Florida Statutes,
21 consisting of section 343.811, is created and entitled "Coastal
22 Link Commuter Rail Service Act."
23 Section 2. Section 343.811, Florida Statutes, is created
24 to read:
25 343.811 Power to assume indemnification and insurance
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26 obligations.—
27 (1) SHORT TITLE.—This section may be cited as the "Coastal
28 Link Commuter Rail Service Act."
29 (2) DEFINITIONS.—As used in this section, the term:
30 (a) "Agency" means a state, county, municipality,
31 district, authority, or other separate unit of government
32 created or established by law which has entered into an
33 agreement with Brightline, which agreement permits it to operate
34 commuter rail service on the Coastal Link corridor.
35 (b) "Brightline" means Brightline Trains Florida, LLC, or
36 its successors and assigns, or any of its affiliates that is a
37 party to an agreement with an agency in connection with the
38 Coastal Link corridor. For the purposes of its status as an
39 indemnitee, the term "Brightline" includes Florida East Coast
40 Dispatch, LLC, or its successors or assigns.
41 (c) "Coastal Link corridor" means the rail transit system,
42 including the intercity passenger rail service stations and
43 vehicle maintenance facilities, located on or adjacent to FECR
44 and Brightline rail corridor in Miami-Dade County, Broward
45 County, and Palm Beach County. The term includes structures
46 essential to railroad operations, including land, structures,
47 improvements, rights-of-way, easements, rail lines, rail beds,
48 guideway structures, switches, yards, parking facilities, power
49 relays, switching houses, rail stations, any ancillary
50 development, and any other facilities or equipment used for the
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51 purposes of construction, operation, or maintenance of a
52 railroad that provides rail service.
53 (d) "Commuter rail service" means the operation of trains
54 transporting passengers and making frequent stops within urban
55 areas and the immediate suburbs along the rail corridor for the
56 purpose of transporting passengers, including boarding and
57 alighting and the nonrevenue movement of passenger trains for
58 storage, maintenance, or repairs. The term does not include the
59 operation of trains by Brightline transporting passengers in
60 intercity passenger rail service between Brightline stations. As
61 used in this paragraph, "Brightline stations" means the
62 Brightline-owned intercity passenger rail service stations in
63 Miami located near Aventura, Fort Lauderdale, Boca Raton, and
64 West Palm Beach, as well as any future stations developed by
65 Brightline in connection with its intercity passenger rail
66 service.
67 (e) "FECR" means Florida East Coast Railway, LLC, or its
68 successors and assigns. For the purposes of its status as an
69 indemnitee, the term "FECR" includes Florida East Coast
70 Dispatch, LLC, or its successors and assigns.
71 (f) "Intercity passenger rail service" means all passenger
72 service on the Coastal Link corridor other than commuter rail
73 service and is characterized by trains making less frequent
74 stops along the Coastal Link corridor than the commuter rail
75 service makes.
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76 (g) "Joint infrastructure" means any portion or segment of
77 the Coastal Link corridor which does not contain tracks or
78 infrastructure designated for the exclusive use of an operator.
79 Train stations, including, but not limited to, pedestrian
80 bridges, stairs, or conveyance systems, do not constitute part
81 of the joint infrastructure.
82 (h) "Limited covered accident" means a collision directly
83 between the trains, locomotives, rail cars, or rail equipment of
84 more than one operator on the Coastal Link corridor, where the
85 collision is caused by or arising from the willful misconduct of
86 one of the responsible operators, as adjudicated pursuant to a
87 final and unappealable court order, or if punitive damages or
88 exemplary damages are awarded due to the conduct of the
89 responsible operator, as adjudicated pursuant to a final and
90 unappealable court order. For purposes of this paragraph,
91 "responsible operator" means an operator or its subsidiaries,
92 agents, licensees, employees, officers, or directors which has
93 caused a collision as a result of its willful misconduct.
94 (i) "Operator" means:
95 1. Brightline, including any passenger rail operators that
96 access the Coastal Link corridor pursuant to a contract with
97 Brightline, other than an agency;
98 2. FECR, including Amtrak or any freight rail operators
99 that access the Coastal Link corridor pursuant to a contract
100 with FECR;
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101 3. An agency, including any commuter rail operators that
102 access the Coastal Link corridor pursuant to a contract with an
103 agency; or
104 4. SFRTA, with respect to its operations contemplated
105 under s. 343.545.
106 (j) "Passenger" means, with respect to intercity passenger
107 rail service or commuter rail service, a person, ticketed or
108 unticketed, using the intercity passenger rail service or
109 commuter rail service on the Coastal Link corridor:
110 1. Onboard trains, locomotives, rail cars, or rail
111 equipment employed in such intercity passenger rail service or
112 commuter rail service or boarding or alighting therefrom;
113 2. On or about the Coastal Link corridor for any purpose
114 related to such intercity passenger rail service or commuter
115 rail service, including parking or purchasing tickets therefor
116 and coming to, waiting for, and leaving from locomotives, rail
117 cars, or rail equipment; or
118 3. Meeting, assisting, or in the company of a person
119 described in subparagraph 1. or subparagraph 2.
120 (k) "Proportionate share" means, with respect to a loss,
121 injury, or damage for which operators share responsibility, a
122 percentage in proportion to the number of operators involved in
123 the relevant incident.
124 1. When one or more agencies are jointly operating a
125 commuter rail service, such agencies are considered a single
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126 operator for purposes of computing and assessing the
127 proportionate share of such loss, injury, or damage.
128 2. When two operators are involved in the incident, each
129 is responsible for one-half of such loss, injury, or damage;
130 when three operators are involved in the incident, each is
131 responsible for one-third of such loss, injury, or damage, and
132 so on.
133 3. When more than one agency shares responsibility with
134 respect to any loss, injury, or damage, each such agency is
135 considered a separate entity for purposes of determining its
136 proportionate share.
137 (l) "Rail corridor invitee" means a person who is on or
138 about the Coastal Link corridor who is a passenger or who is
139 otherwise present on the Coastal Link corridor at the request
140 of, pursuant to a contract with, or otherwise for the purpose of
141 doing business with or at the behest of an operator. The term
142 does not include patrons at any station who are not also
143 passengers, commercial or residential tenants at any station or
144 the developments in and around the stations or their invitees,
145 or third parties performing work at a station or in the Coastal
146 Link corridor, including any utilities or fiber optic companies.
147 1. A rail corridor invitee of an agency may not be
148 considered a rail corridor invitee of Brightline or FECR.
149 2. A rail corridor invitee of Brightline or FECR may not
150 be considered a rail corridor invitee of an agency.
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151 3. An employee of an operator is not a rail corridor
152 invitee of such operator at any time the employee is a passenger
153 or is otherwise present on the Coastal Link corridor at the
154 request of, pursuant to a contract with, or otherwise for the
155 purpose of doing business with or at the behest of another
156 operator.
157 4. When a passenger is transferring from the service of
158 one operator to another, the passenger is a rail corridor
159 invitee of the first operator until the passenger has left the
160 first operator's platform, at which time the passenger is then a
161 rail corridor invitee of the other operator.
162 (m) "Self-insurance retention amount" means an amount
163 equal to $5 million.
164 (n) "SFRTA" means the South Florida Regional
165 Transportation Authority.
166 (3) ASSUMPTION OF OBLIGATIONS; PURCHASE OF INSURANCE.—In
167 conjunction with the development or operation of a commuter rail
168 service on the Coastal Link corridor, an agency may:
169 (a) Assume obligations pursuant to the following:
170 1.a. The agency may assume the obligation by contract to
171 protect, defend, indemnify, and hold harmless FECR and its
172 officers, agents, and employees from and against:
173 (I) Any liability, cost, and expense, including, but not
174 limited to, the agency's passengers and other rail corridor
175 invitees in, on, or about the Coastal Link corridor, regardless
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176 of whether the loss, damage, destruction, injury, or death
177 giving rise to any such liability, cost, or expense is caused in
178 whole or in part, and to whatever nature or degree, by the
179 fault, failure, negligence, misconduct, nonfeasance, or
180 misfeasance of such freight rail operator, its successors, or
181 its officers, agents, and employees, or any other person or
182 persons whomsoever.
183 (II) Any loss, injury, or damage incurred by other rail
184 corridor invitees up to the amount of the self-insurance
185 retention amount with respect to limited covered accidents
186 caused by the agency.
187 b. The agency may assume the obligation by contract to
188 protect, defend, indemnify, and hold harmless Brightline and its
189 officers, agents, and employees from and against:
190 (I) Any liability, cost, and expense, including, but not
191 limited to, the agency's passengers and rail corridor invitees
192 in the Coastal Link corridor, regardless of whether the loss,
193 damage, destruction, injury, or death giving rise to any such
194 liability, cost, or expense is caused in whole or in part, and
195 to whatever nature or degree, by the fault, failure, negligence,
196 misconduct, nonfeasance, or misfeasance of Brightline, its
197 successors, or its officers, agents, and employees, or any other
198 person or persons whomsoever.
199 (II) Any loss, injury, or damage incurred by other rail
200 corridor invitees up to the amount of the self-insurance
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201 retention amount with respect to limited covered accidents
202 caused by the agency.
203 2. The assumption of liability of the agency by contract
204 pursuant to sub-subparagraph 1.a. or sub-subparagraph 1.b. may
205 not in any instance exceed the following parameters of
206 allocation of risk:
207 a. The agency may be solely responsible for any loss,
208 injury, or damage to the agency's passengers, or rail corridor
209 invitees, third parties, or trespassers, regardless of
210 circumstances or cause, subject to sub-subparagraph b. and
211 subparagraphs 3., 4., and 5.
212 b.(I) In the event of a limited covered accident caused by
213 FECR, the authority of an agency to protect, defend, and
214 indemnify FECR for all liability, cost, and expense, including
215 punitive or exemplary damages, in excess of the self-insurance
216 retention amount exists only if FECR agrees, with respect to
217 such limited covered accident caused by FECR, to protect,
218 defend, and indemnify the agency for the amount of the self-
219 insurance retention amount.
220 (II) In the event of a limited covered accident caused by
221 Brightline, the authority of an agency to protect, defend, and
222 indemnify Brightline for all liability, cost, and expense,
223 including punitive or exemplary damages, in excess of the self-
224 insurance retention amount exists only if Brightline agrees,
225 with respect to such limited covered accident, to protect,
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226 defend, and indemnify the agency for the amount of the self-
227 insurance retention amount.
228 3. When only one train is involved in an incident and:
229 a. The train is an agency's train, including an incident
230 with trespassers or at-grade crossings, the agency may be solely
231 responsible for any loss, injury, or damage.
232 b. The train is FECR's train, including an incident with
233 trespassers or at-grade crossings, FECR is solely responsible
234 for any loss, injury, or damage, except for the agency's
235 passengers and other rail corridor invitees, which are the
236 responsibility of the agency, and Brightline's passengers and
237 other rail corridor invitees, which are the responsibility of
238 Brightline.
239 c. The train is Brightline's train, including an incident
240 with trespassers or at-grade crossings, Brightline is solely
241 responsible for any loss, injury, or damage, except for the
242 agency's passengers or rail corridor invitees, which are the
243 responsibility of the agency, and FECR's rail corridor invitees,
244 which are the responsibility of FECR.
245 4. When an incident involves more than one operator, each
246 operator is responsible for:
247 a. Its property; passengers; employees, excluding
248 employees who are, at the time of the incident, rail corridor
249 invitees of another operator; and other rail corridor invitees.
250 b. Its proportionate share of any loss or damage to the
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251 joint infrastructure.
252 c. Its proportionate share of any loss, injury, or damage
253 to:
254 (I) Rail corridor invitees who are not rail corridor
255 invitees of operators, provided that the agency shall always be
256 responsible for its passengers and its rail corridor invitees
257 regardless of whether the agency was involved in the incident.
258 (II) Trespassers or third parties outside the Coastal Link
259 corridor as a result of the incident.
260 5. Any such contractual duty to protect, defend,
261 indemnify, and hold harmless FECR or Brightline with respect to
262 claims by rail passengers shall expressly include a specific cap
263 on the amount of the contractual duty, which amount may not
264 exceed $323 million per occurrence and shall be adjusted so that
265 the per-occurrence insurance requirement is equal to the
266 aggregate allowable awards to all rail passengers, against all
267 defendants, for all claims, including claims for punitive
268 damages, arising from a single accident or incident in
269 accordance with 49 U.S.C. s. 28103, or any successor provision,
270 without prior legislative approval.
271 6. Notwithstanding any provision of this section to the
272 contrary, the liabilities of the agency to the state or any
273 other agency shall be as set forth in an agreement among such
274 entities and limited by s. 768.28(19).
275 (b) Purchase liability insurance, which amount may not
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276 exceed $323 million per occurrence, which amount shall be
277 adjusted so that the per-occurrence insurance requirement is
278 equal to the aggregate allowable awards to all rail passengers,
279 against all defendants, for all claims, including claims for
280 punitive damages, arising from a single accident or incident in
281 accordance with 49 U.S.C. s. 28103, or any successor provision,
282 and establish a self-insurance retention fund for the purpose of
283 paying the deductible limit established in the insurance
284 policies it may obtain, including coverage for a county agency,
285 any freight rail operator as described in paragraph (a),
286 Brightline, commuter rail service providers, governmental
287 entities, or any ancillary development, which self-insurance
288 retention fund or deductible shall not exceed the self-insurance
289 retention amount.
290 1. Such insurance and self-insurance retention fund may
291 provide coverage for all damages, including, but not limited to,
292 compensatory, special, and exemplary, and be maintained to
293 provide an adequate fund to cover claims and liabilities for
294 loss, injury, or damage arising out of or connected with the
295 ownership, operation, maintenance, and management of the Coastal
296 Link corridor.
297 2. Any self-insured retention account shall be a
298 segregated account of the agency and shall be subject to the
299 same conditions, restrictions, exclusions, obligations, and
300 duties included in any and all of the policies of liability
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HB 867 2025
301 insurance purchased under this paragraph.
302
303 Neither the assumption by contract to protect, defend,
304 indemnify, and hold harmless; the purchase of insurance; nor the
305 establishment of a self-insurance retention fund shall be deemed
306 to be a waiver of any defense of sovereign immunity for tort
307 claims or deemed to increase the limits of the agency's
308 liability for tort claims as provided in s. 768.28.
309 Section 3. For the purpose of incorporating the enactment
310 of part III of chapter 343, Florida Statutes, in a reference
311 thereto, paragraph (d) of subsection (17) of section 341.302,
312 Florida Statutes, is reenacted to read:
313 341.302 Rail program; duties and responsibilities of the
314 department.—The department, in conjunction with other
315 governmental entities, including the rail enterprise and the
316 private sector, shall develop and implement a rail program of
317 statewide application designed to ensure the proper maintenance,
318 safety, revitalization, and expansion of the rail system to
319 assure its continued and increased availability to respond to
320 statewide mobility needs. Within the resources provided pursuant
321 to chapter 216, and as authorized under federal law, the
322 department shall:
323 (17) In conjunction with the acquisition, ownership,
324 construction, operation, maintenance, and management of a rail
325 corridor, have the authority to:
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HB 867 2025
326 (d) Without altering any of the rights granted to the
327 department under this section, agree to assume the obligations
328 to indemnify and insure, pursuant to s. 343.545, freight rail
329 service, intercity passenger rail service, and commuter rail
330 service on a department-owned rail corridor, whether ownership
331 is in fee or by easement, or on a rail corridor where the
332 department has the right to operate.
333
334 Neither the assumption by contract to protect, defend,
335 indemnify, and hold harmless; the purchase of insurance; nor the
336 establishment of a self-insurance retention fund shall be deemed
337 to be a waiver of any defense of sovereign immunity for torts
338 nor deemed to increase the limits of the department's or the
339 governmental entity's liability for torts as provided in s.
340 768.28. The requirements of s. 287.022(1) shall not apply to the
341 purchase of any insurance under this subsection. The provisions
342 of this subsection shall apply and inure fully as to any other
343 governmental entity providing commuter rail service and
344 constructing, operating, maintaining, or managing a rail
345 corridor on publicly owned right-of-way under contract by the
346 governmental entity with the department or a governmental entity
347 designated by the department. Notwithstanding any law to the
348 contrary, procurement for the construction, operation,
349 maintenance, and management of any rail corridor described in
350 this subsection, whether by the department, a governmental
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HB 867 2025
351 entity under contract with the department, or a governmental
352 entity designated by the department, shall be pursuant to s.
353 287.057 and shall include, but not be limited to, criteria for
354 the consideration of qualifications, technical aspects of the
355 proposal, and price. Further, any such contract for design-build
356 shall be procured pursuant to the criteria in s. 337.11(7).
357 Section 4. This act shall take effect July 1, 2025.
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hb867-00
Economic Infrastructure Subcommittee
HB 867
Indemnification and Insurance Obligations of Commuter Rail
Transportation Providers
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Lopez, V. (line 301):
• Clarifies that Florida East Coast Railway and Brightline, and their respective
officers, agents, and employees, are not entitled to sovereign immunity under the
bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 867 (2025)
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: Economic Infrastructure
2 Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment
6 Between lines 301 and 302, insert:
7 3. Unless otherwise specifically provided by general law,
8 FECR and Brightline, and their respective officers, agents, and
9 employees, are not officers, agents, employees, or subdivisions
10 of the state and are not entitled to sovereign immunity.
294387 - h0867-line301.docx
Published On: 3/11/2025 3:07:03 PM
Page 1 of 1
HB 1137
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1137 COMPANION BILL: SB 1002 (Truenow)
TITLE: Preemption Over Utility Service Restrictions LINKED BILLS: None
SPONSOR(S): Shoaf RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill adds “board, agency, commission, or authority of any county, municipal corporation, or political
subdivision” to the list of entities that are expressly preempted from prohibiting certain types of fuel sources of
energy production or the use of appliances that use these specified types or fuel sources of energy production.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill adds “board, agency, commission, or authority of any county, municipal corporation, or political
subdivision” to the list of entities expressly preempted from enacting or enforcing a resolution, ordinance, rule,
code, or policy, or taking any other action that restricts or prohibits, or has the effect of restricting or prohibiting,
the types or fuel sources of energy production which may be used, delivered, converted, or supplied by the
following entities to serve customers that 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. (Section 1).
The bill also adds ““board, agency, commission, or authority of any county, municipal corporation, or political
subdivision” to the list of entities that may not enact or enforce a resolution, ordinance, rule, code, or policy or take
any action that restricts or prohibits, or has the effect of restricting or prohibiting, the use of an appliance,
including a stove or grill, which uses the types or fuel sources of energy production described above. (Section 1).
The bill adds that any “board, agency, commission, or authority of any county, municipal corporation, or political
subdivision” action that violates the above preemptions over utility service restrictions and existed prior to July 1,
2021, is void. (Section 1).
The bill has an effective date of July 1, 2025. (Section 2).
STORAGE NAME: h1137.EIS
DATE: 3/10/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Local Government Authority
The Florida Constitution grants county and municipal governments broad home rule authority. Specifically, non-
charter county governments may exercise those powers of self-government that are provided by general or special
law. 1 Those counties operating under a county charter have all powers of self-government not inconsistent with
general law or special law approved by vote of the electors. 2 Likewise, municipalities 3 have those governmental,
corporate, and proprietary powers enabling them to conduct municipal government, perform their functions and
provide services, and exercise any power for municipal purposes, except as otherwise provided by law. 4
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate within
a limited geographic boundary. 5 Special districts are created by general law, 6 special act, 7 local ordinance, 8 or by
rule of the Governor and Cabinet. 9 A special district has only those powers expressly provided by, or reasonably
implied from, the authority provided in the district’s charter. Special districts provide specific municipal services in
addition to, or in place of, those provided by a municipality or county. 10 As of March 8, 2025, there are 603 active
dependent 11 special districts and 1,442 active independent special districts in Florida. 12
State Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with federal or state
law. A local government enactment may be inconsistent with state law if (1) the Legislature "has preempted a
particular subject area" or (2) the local enactment conflicts with a state statute. State preemption precludes a local
government from exercising authority in that particular area. 13
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred. 14 Express preemption of a field by the Legislature must be
1 Art. VIII, s. 1(f), Fla. Const.
2 Art. VIII, s. 1(g), Fla. Const.
3 A municipality is a local government entity created to perform functions and provide services for the particular benefit of the
population within the municipality, in addition to those provided by the county. The term “municipality” may be used
interchangeably with the terms “town,” “city,” and “village.”
4 Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
5 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
6 S. 189.031(3), F.S.
7 Id.
8 S. 189.02(1), F.S.
9 S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
10 Local Gov’t Formation Manual, p. 60,
https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3304&Session=20
25&DocumentType=General+Publications&FileName=Local+Government+Formation+Manual+%5b2024-2026%5d.pdf (last
visited Mar. 8, 2025).
11 Dependent special districts are under some control by a single county or municipality. S. 189.012(2), F.S. An independent
special district is any district that is not a dependent special district. S. 189.012(3), F.S. A special district that includes more
than one county is independent unless it lies wholly within the boundaries of a single municipality.
12 Florida Department of Economic Opportunity, Official List of Special Districts Online, State Totals, available at
https://www.floridajobs.org/community-planning-and-development/special-districts/special-district-accountability-
program/official-list-of-special-districts (last visited Mar. 8, 2023).
13 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),
https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last
visited Mar. 8, 2025).
14 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
accomplished by clear language stating that intent. 15 In cases where the Legislature expressly or specifically
preempts an area, there is no problem with ascertaining what the Legislature intended. 16 In cases determining the
validity of ordinances enacted in the face of state preemption, the effect has been to find such ordinances null and
void. 17
Preemption Over Utility Service Restrictions
Section 366.032, F.S., expressly preempts the area of restricting utility services. It prohibits a municipality, county,
special district, community development district, or other political subdivision of the state from enacting or
enforcing a resolution, ordinance, rule, code, or policy, or taking any other action that restricts or prohibits, or has
the effect of restricting or prohibiting, the types or fuel sources of energy production which may be used, delivered,
converted, or supplied by the following entities to serve customers that 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. 18
An electric utility is an entity which owns, maintains, or operates an electric generation, transmission or
distribution system. An electric utility can be investor-owned, municipally-owned, or a rural electric cooperative. 19
There are four investor-owned electric utilities in Florida: Florida Power & Light Company, Duke Energy Florida,
Tampa Electric Company, and Florida Public Utilities Corporation. 20
Additionally, there are thirty-five municipal electric utilities and eighteen rural electric cooperatives. 21 Further,
the Florida Municipal Power Agency was created through a series of interlocal agreements under s. 163.01, F.S., to
provide wholesale power supply to municipal electric utilities. 22 Fuels that Florida electric utilities use to generate
electric power include, but are not limited to: natural gas, nuclear, coal, and renewables like solar and biomass. 23
A natural gas utility is a utility that supplies natural or manufactured gas, or liquefied gas with air admixture, or a
similar gaseous substance by pipeline, to or for the public. A natural gas utility can be an investor-owned utility,
gas district, or municipal gas utility. 24 Currently, there are five investor-owned natural gas utilities, twenty-seven
municipally owned natural gas utilities, and four gas districts. 25
15 Mulligan, 934 So. 2d at 1243.
16 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
17 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
18 S. 366.032, F.S.
19 S. 366.02, F.S.
20 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2024), p, 4, available at
https://www.psc.state.fl.us/reports (last visited Mar. 8, 2025).
21 Id. at 1.
22 Currently, FMPA serves the following municipalities: Alachua, Bartow, Blountstown, Bushnell, Chattahoochee, Clewiston,
Fort Meade, Fort Pierce, Gainesville, Green Cove Springs, Havana, Homestead, Jacksonville Beach, Key West, Kissimmee, Lake
Worth Beach, Lakeland, Leesburg, Moore Haven, Mount Dora, New Smyrna Beach, Newberry, Ocala, Orlando, Quincy, St. Cloud,
Starke, Tallahassee, Wauchula, Williston, and Winter Park. Florida Municipal Power Agency, Members,
https://fmpa.com/members/ (last visited Mar. 8, 2025).
23 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry, supra at. n. 35, p. 2.
24 S. 366.04(3)(c), F.S.
25 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry, supra at. n. 35, p. 14.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Liquified petroleum gas is any material which is composed predominately of any of the following hydrocarbons, or
mixtures: propane, propylene, butanes, and butylenes. 26 A category I liquid petroleum gas dealer is someone who
sells or offers to sell by delivery, or at a stationary location, any liquified petroleum gas to a consumer for
industrial, commercial, or domestic use. 27 A category II liquefied petroleum gas dispenser is a person who operates
a liquefied petroleum gas dispensing unit for the purpose of serving liquid products to the consumer for industrial,
commercial, or domestic use, and who sells, or offers to sell or lease equipment for the use of liquified petroleum
gas. 28 A category III liquified petroleum gas cylinder exchange operator is a person who operates a storage facility
used for the purpose of storing filled propane cylinders of certain capacities while awaiting sale to the consumer,
or a facility used for the storage of empty or filled containers which have been offered for exchange. 29
Additionally, s. 366.032, F.S., prohibits a municipality, county, special district, community development district, or
other political subdivision of the state from enacting or enforcing a resolution, ordinance, rule, code, or policy to
take any action that restricts or prohibits, or has the effect of restricting or prohibiting, the use of an appliance,
including a stove or grill, which uses the types or fuel sources of energy production which may be used, delivered,
converted, or supplied by the entities listed above. Current law provides an exception for circumstances in which
the political subdivision must enforce the Florida Building Code or the Florida Fire Prevention Code.
Section s. 366.032(5), F.S., provides than any municipality, county, special district, community development district
created pursuant to chapter 190, or political subdivision charter, resolution, ordinance, rule, code, policy, or action
that violates the above preemptions over utility service restrictions and existed prior to July 1, 2021, is void.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 1645 Payne Collins The bill became law on July 1,
2024.
2023 CS/CS/HB 1281 Buchanan Collins The bill became law on July 1,
2023.
2021 CS/CS/HB 919 Tomkow Hutson The bill became law on July 1,
2021.
26 S. 527.01(1), F.S.
27 This category also includes “any person leasing or offering to lease, or exchanging or offering to exchange, any apparatus,
appliances, and equipment for the use of liquefied petroleum gas; any person installing, servicing, altering, or modifying
apparatus, piping, tubing, appliances, and equipment for the use of liquefied petroleum or natural gas; any person installing
carburetion equipment; or any person requalifying cylinders.” S. 527.01(6), F.S.
28 S. 527.01(7), F.S.
29 S. 527.01(8), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Bauldree
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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 1137 2025
1 A bill to be entitled
2 An act relating to preemption over utility service
3 restrictions; amending s. 366.032, F.S.; prohibiting
4 boards, agencies, commissions, and any authority of
5 any county, municipal corporation, or political
6 subdivision from restricting or prohibiting fuel
7 sources and appliances used to provide energy to
8 consumers; revising retroactive applicability to
9 include boards, agencies, commissions, and any
10 authority of any county, municipal corporation, and
11 political subdivision; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsections (1), (2), and (5) of section
16 366.032, Florida Statutes, are amended to read:
17 366.032 Preemption over utility service restrictions.—
18 (1) A municipality, county, board, agency, commission, or
19 authority of any county, municipal corporation, or political
20 subdivision, special district, community development district
21 created pursuant to chapter 190, or other political subdivision
22 of the state may not enact or enforce a resolution, ordinance,
23 rule, code, or policy or take any action that restricts or
24 prohibits or has the effect of restricting or prohibiting the
25 types or fuel sources of energy production which may be used,
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HB 1137 2025
26 delivered, converted, or supplied by the following entities to
27 serve customers that such entities are authorized to serve:
28 (a) A public utility or an electric utility as defined in
29 this chapter;
30 (b) An entity formed under s. 163.01 that generates,
31 sells, or transmits electrical energy;
32 (c) A natural gas utility as defined in s. 366.04(3)(c);
33 (d) A natural gas transmission company as defined in s.
34 368.103; or
35 (e) A Category I liquefied petroleum gas dealer or
36 Category II liquefied petroleum gas dispenser or Category III
37 liquefied petroleum gas cylinder exchange operator as defined in
38 s. 527.01.
39 (2) Except to the extent necessary to enforce the Florida
40 Building Code adopted pursuant to s. 553.73 or the Florida Fire
41 Prevention Code adopted pursuant to s. 633.202, a municipality,
42 county, board, agency, commission, or authority of any county,
43 municipal corporation, or political subdivision, special
44 district, community development district created pursuant to
45 chapter 190, or other political subdivision of the state may not
46 enact or enforce a resolution, an ordinance, a rule, a code, or
47 a policy or take any action that restricts or prohibits or has
48 the effect of restricting or prohibiting the use of an
49 appliance, including a stove or grill, which uses the types or
50 fuel sources of energy production which may be used, delivered,
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51 converted, or supplied by the entities listed in subsection (1).
52 As used in this subsection, the term "appliance" means a device
53 or apparatus manufactured and designed to use energy and for
54 which the Florida Building Code or the Florida Fire Prevention
55 Code provides specific requirements.
56 (5) Any municipality, county, board, agency, commission,
57 or authority of any county, municipal corporation, or political
58 subdivision, special district, community development district
59 created pursuant to chapter 190, or political subdivision
60 charter, resolution, ordinance, rule, code, policy, or action
61 that is preempted by this act that existed before or on July 1,
62 2021, is void.
63 Section 2. This act shall take effect July 1, 2025.
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hb1137-00
HB 1523
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1523 COMPANION BILL: SB 1704 (Calatayud)
TITLE: Utility Services LINKED BILLS: None
SPONSOR(S): Busatta RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill modifies the following provisions related to utility services:
• Requires certain public meetings and reporting for municipal utilities offering service to customers outside
of the municipal boundaries.
• Limits the portion of municipal utility revenues earned from providing service to areas outside of municipal
boundaries that may be used to fund non-utility related government functions.
• Limits the rates, fees, and charges that a municipal water or sewer utility may impose on customers outside
its boundaries to no more than 25 percent above the amount the municipal utility charges customers within
its own boundaries.
• Prohibits any surcharge if the municipality owns/operates a water or sewer treatment facility located
within the boundaries of a separate municipality and serves customers within the separate municipality.
• Adds “board, agency, commission, or authority of any county, municipal corporation, or political
subdivision” to the list of entities that are expressly preempted from prohibiting certain types or fuel
sources of energy production or the use of appliances that use these specified types or fuel sources of
energy production.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on certain local government revenues. See below.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill will likely have a negative impact on revenues for some local governments that own and operate water or
sewer utilities, as it reduces the maximum amount that municipal water and sewer utilities can charge customers
outside the municipal boundaries.
PRIVATE SECTOR:
The bill may result in cost savings to municipal water and sewer utility customers located outside of municipal
boundaries. A municipal water or sewer utility may increase rates for other customers to mitigate revenue
impacts.
STORAGE NAME: h1523.EIS
DATE: 3/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Local Government Authority
Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Municipalities may exercise any power for municipal purposes, except when expressly
prohibited by law.1 The legislative body of each municipality has the power to enact legislation on any subject upon
which the state Legislature may act with certain exceptions. 2 Under their home rule power and as otherwise
provided or limited by law or agreement, municipalities may provide utilities to citizens and entities within the
municipality’s corporate boundaries, in unincorporated areas, and even in other municipalities.
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate within
a limited geographic boundary. 3 Special districts are created by general law, 4 special act, 5 local ordinance, 6 or by
rule of the Governor and Cabinet. 7 A special district has only those powers expressly provided by, or reasonably
implied from, the authority provided in the district’s charter. Special districts provide specific municipal services in
addition to, or in place of, those provided by a municipality or county. 8 As of March 8, 2025, there are 603 active
dependent 9 special districts and 1,442 active independent special districts in Florida. 10
Local Government Utility Services
Many municipalities own and operate electric utilities and natural gas utilities and govern the operation of those
utilities through ordinance, code, or policies. Currently, there are 35 municipal electric utilities in the state and 27
municipally owned natural gas utilities. 11 Municipal electric and natural gas utility rates are not directly regulated
by the Florida Public Service Commission (PSC), however, the PSC does have jurisdiction over municipal electric
utilities for matters related to rate structure, power plant transmission line site certification, general reporting
jurisdiction, service territory and territory disputes, energy efficiency reporting, ten-year site plans, reporting on
system hardening and resiliency, reporting on net metering, audits related to regulatory assessment fees,
monitoring renewable energy, reporting on facilities inspection and vegetation management, and ensuring a
1 Section 166.021(2), F.S., provides that any activity or power which may be exercised by the state or its political subdivisions
is considered a municipal purpose.
2 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation, merger,
and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited by the
constitution; any subject expressly preempted to state or county government by the constitution or by general law; and any
subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
3 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
4 S. 189.031(3), F.S.
5 Id.
6 S. 189.02(1), F.S.
7 S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
8 Local Gov’t Formation Manual, p. 60,
https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3304&Session=20
25&DocumentType=General+Publications&FileName=Local+Government+Formation+Manual+%5b2024-2026%5d.pdf (last
visited Mar. 8, 2025).
9 Dependent special districts are under some control by a single county or municipality. S. 189.012(2), F.S. An independent
special district is any district that is not a dependent special district. S. 189.012(3), F.S. A special district that includes more
than one county is independent unless it lies wholly within the boundaries of a single municipality.
10 Florida Department of Economic Opportunity, Official List of Special Districts Online, State Totals, available at
https://www.floridajobs.org/community-planning-and-development/special-districts/special-district-accountability-
program/official-list-of-special-districts (last visited Mar. 8, 2023).
11 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2024), p, 1, 12, available at
https://www.psc.state.fl.us/reports (last visited Mar. 8, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
reliable, coordinated power grid. 12 Many of these utilities provide service to customers located outside of the
municipality’s boundaries.
Municipalities are authorized by general law to provide water and sewer utility services. 13 With respect to public
works projects, including water and sewer utility services, 14 municipalities may extend and execute their corporate
powers outside of their corporate limits as “desirable or necessary for the promotion of the public health, safety
and welfare.” 15 A municipality may not extend or apply these corporate powers within the corporate limits of
another municipality. 16 In general, however, local governments may enter into mutually advantageous agreements
to provide services or facilities to other localities. 17 Further, the law specifically authorizes a municipality to
permit any other municipality and the owners of lands outside its corporate limits or within the limits of another
municipality to connect with its water and sewer utility facilities and use its services upon agreed terms and
conditions. 18 Municipal water and sewer utility systems are exempt from PSC jurisdiction.
A municipality that operates a water or sewer utility outside of its municipal boundaries may impose higher rates,
fees, and charges on customers receiving service outside of its corporate boundaries as compared to the rates, fees,
and charges imposed on customers within its boundaries. The municipality can accomplish this in two ways:
• First, for customers outside of its boundaries, it may add a surcharge of up to 25 percent of the rates, fees,
and charges imposed on customers within its boundaries. This mechanism does not require a public
hearing. 19
• Second, it may set separate rates, fees, and charges for customers outside its boundaries based on the same
factors used to set rates for customers within its boundaries. It may add a surcharge of up to 25 percent of
these charges, provided that the total of all such rates, fees, and charges for service to customers outside its
boundaries may not exceed the total charges to customers within its boundaries by more than 50 percent
for corresponding service. Rates set in this manner require a public hearing at which all users served or to
be served by the water or sewer utilities and all other interested persons will have an opportunity to be
heard concerning the proposed rates. 20
There is no central repository for information concerning municipal water or sewer service rates that identifies
municipalities that impose higher rates on customers outside of the municipal boundaries, the specific mechanism
used by such municipalities to establish such rates, or the level of any additional charge or surcharge imposed.
Municipal Funding
Current law authorizes municipalities to raise amounts of money which are necessary for the conduct of the
municipal government. A municipality may do so by taxation and licenses authorized by Florida’s constitution or
general law, or by user charges or fees authorized by ordinance. 21 Municipalities routinely transfer a portion of
their utility earnings to their general funds for non-utility purposes, though the amounts and percentages may vary
12 Presentation on Florida Public Power, Florida Municipal Electric Association (Feb. 9, 2023), slide 3, available at
https://www.flhouse.gov/Sections/Documents/publications.aspx?CommitteeId=3226&PublicationType=Committees&Docum
entType=All&SessionId=99 (last visited Mar. 8, 2025).
13 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection
and disposal of sewage, including wastewater reuse, and other liquid wastes;” and “construct reservoirs, sewerage systems,
trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification
works, collection systems, treatment and disposal works” to accomplish these purposes.
14 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water flow
and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, gas plants and
distribution systems, and related facilities.
15 S. 180.02(2), F.S.
16 Id.
17 See s. 163.01, F.S.
18 S. 180.19, F.S.
19 S. 180.191(1)(a), F.S.
20 S. 180.191(1)(b), F.S.
21 S. 166.201, F.S.
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3
widely among municipalities. 22 These transfers may be limited in some circumstances by ordinance, but they are
not governed by state law.
State Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with federal or state
law. A local government enactment may be inconsistent with state law if (1) the Legislature "has preempted a
particular subject area" or (2) the local enactment conflicts with a state statute. State preemption precludes a local
government from exercising authority in that particular area. 23
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred. 24 Express preemption of a field by the Legislature must be
accomplished by clear language stating that intent. 25 In cases where the Legislature expressly or specifically
preempts an area, there is no problem with ascertaining what the Legislature intended. 26 In cases determining the
validity of ordinances enacted in the face of state preemption, the effect has been to find such ordinances null and
void. 27
Preemption Over Utility Service Restrictions
Section 366.032, F.S., expressly preempts the area of restricting utility services. It prohibits a municipality, county,
special district, community development district, or other political subdivision of the state from enacting or
enforcing a resolution, ordinance, rule, code, or policy, or taking any other action that restricts or prohibits, or has
the effect of restricting or prohibiting, the types or fuel sources of energy production which may be used, delivered,
converted, or supplied by the following entities to serve customers that 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.28
An electric utility is an entity which owns, maintains, or operates an electric generation, transmission or
distribution system. An electric utility can be investor-owned, municipally-owned, or a rural electric cooperative. 29
There are four investor-owned electric utilities in Florida: Florida Power & Light Company, Duke Energy Florida,
Tampa Electric Company, and Florida Public Utilities Corporation. 30
22 Presentation on Florida Public Power, Florida Municipal Electric Association supra n. 13, slide 6.
23 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),
https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last
visited Mar. 8, 2025).
24 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
25 Mulligan, 934 So. 2d at 1243.
26 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
27 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
28 S. 366.032, F.S.
29 S. 366.02, F.S.
30 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2024), p, 4, available at
https://www.psc.state.fl.us/reports (last visited Mar. 8, 2025).
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Additionally, there are thirty-five municipal electric utilities and eighteen rural electric cooperatives. 31 Further,
the Florida Municipal Power Agency was created through a series of interlocal agreements under s. 163.01, F.S., to
provide wholesale power supply to municipal electric utilities. 32 Fuels that Florida electric utilities use to generate
electric power include, but are not limited to: natural gas, nuclear, coal, and renewables like solar and biomass. 33
A natural gas utility is a utility that supplies natural or manufactured gas, or liquefied gas with air admixture, or a
similar gaseous substance by pipeline, to or for the public. A natural gas utility can be an investor-owned utility,
special district, or municipal gas utility. 34 Currently, there are five investor-owned natural gas utilities, twenty-
seven municipally owned natural gas utilities, and four gas special districts. 35
Liquified petroleum gas is any material which is composed predominately of any of the following hydrocarbons, or
mixtures: propane, propylene, butanes, and butylenes. 36 A category I liquid petroleum gas dealer is someone who
sells or offers to sell by delivery, or at a stationary location, any liquified petroleum gas to a customer for industrial,
commercial, or domestic use. 37 A category II liquefied petroleum gas dispenser is a person who operates a liquefied
petroleum gas dispensing unit for the purpose of serving liquid products to the customer for industrial,
commercial, or domestic use, and who sells, or offers to sell or lease equipment for the use of liquified petroleum
gas. 38 A category III liquified petroleum gas cylinder exchange operator is a person who operates a storage facility
used for the purpose of storing filled propane cylinders of certain capacities while awaiting sale to the customer, or
a facility used for the storage of empty or filled containers which have been offered for exchange. 39
Additionally, s. 366.032, F.S., prohibits a municipality, county, special district, community development district, or
other political subdivision of the state from enacting or enforcing a resolution, ordinance, rule, code, or policy to
take any action that restricts or prohibits, or has the effect of restricting or prohibiting, the use of an appliance,
including a stove or grill, which uses the types or fuel sources of energy production which may be used, delivered,
converted, or supplied by the entities listed above. Current law provides an exception for circumstances in which
the political subdivision must enforce the Florida Building Code or the Florida Fire Prevention Code.
Section s. 366.032(5), F.S., provides than any municipality, county, special district, community development district
created pursuant to chapter 190, or political subdivision charter, resolution, ordinance, rule, code, policy, or action
that violates the above preemptions over utility service restrictions and existed prior to July 1, 2021, is void.
Additional Relevant Information
Art. VII, s. 18(b), of the Florida Constitution states that the legislature may not enact any law that would reduce the
authority municipalities or counties have to raise revenues in the aggregate, except upon approval of two-thirds of
the membership of each house of the legislature.
31 Id. at 1.
32 Currently, FMPA serves the following municipalities: Alachua, Bartow, Blountstown, Bushnell, Chattahoochee, Clewiston,
Fort Meade, Fort Pierce, Gainesville, Green Cove Springs, Havana, Homestead, Jacksonville Beach, Key West, Kissimmee, Lake
Worth Beach, Lakeland, Leesburg, Moore Haven, Mount Dora, New Smyrna Beach, Newberry, Ocala, Orlando, Quincy, St. Cloud,
Starke, Tallahassee, Wauchula, Williston, and Winter Park. Florida Municipal Power Agency, Members,
https://fmpa.com/members/ (last visited Mar. 8, 2025).
33 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry, supra at. n. 31, p. 2.
34 S. 366.04(3)(c), F.S.
35 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry, supra at. n. 31, p. 14.
36 S. 527.01(1), F.S.
37 This category also includes “any person leasing or offering to lease, or exchanging or offering to exchange, any apparatus,
appliances, and equipment for the use of liquefied petroleum gas; any person installing, servicing, altering, or modifying
apparatus, piping, tubing, appliances, and equipment for the use of liquefied petroleum or natural gas; any person installing
carburetion equipment; or any person requalifying cylinders.” S. 527.01(6), F.S.
38 S. 527.01(7), F.S.
39 S. 527.01(8), F.S.
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5
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Bauldree
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
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6
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 1523 2025
1 A bill to be entitled
2 An act relating to utility services; amending s.
3 180.19, F.S.; requiring certain public meetings as a
4 condition precedent to the effectiveness of a new or
5 an extended agreement under which a municipality will
6 provide specified utility services in other
7 municipalities or unincorporated areas; specifying the
8 matters to be addressed at such public meetings;
9 requiring such agreements to be written; requiring
10 annual public customer meetings; defining the terms
11 "appointed representative" and "governing body";
12 limiting the portion of certain utility revenues that
13 a municipality may use to fund or finance general
14 government functions; requiring excess revenues to be
15 reinvested into the municipal utility or returned to
16 customers; requiring municipalities that provide
17 specified utility services to report certain
18 information by a specified date to the Florida Public
19 Service Commission on an annual basis; requiring the
20 commission to compile certain information and submit a
21 report containing such information to the Governor and
22 the Legislature by a specified date; providing
23 construction; amending s. 180.191, F.S.; revising
24 provisions relating to permissible rates, fees, and
25 charges imposed by municipal water and sewer utilities
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26 on customers located outside the municipal boundaries;
27 amending s. 366.032, F.S.; prohibiting boards,
28 agencies, commissions, and authorities of any county,
29 municipal corporation, or political subdivision from
30 restricting or prohibiting fuel sources and appliances
31 used to provide energy to consumers; revising
32 retroactive applicability to include such boards,
33 agencies, commissions, and authorities; providing an
34 effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 180.19, Florida Statutes, is amended to
39 read:
40 180.19 Use by other municipalities and by individuals
41 outside corporate limits.—
42 (1) A municipality which constructs any works as are
43 authorized by this chapter, may permit any other municipality
44 and the owners or association of owners of lots or lands outside
45 of its corporate limits or within the limits of any other
46 municipality, to connect with or use the utilities mentioned in
47 this chapter upon such terms and conditions as may be agreed
48 between such municipalities, and the owners or association of
49 owners of such outside lots or lands.
50 (2) Any private company or corporation organized to
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51 accomplish the purposes set forth in this chapter, which has
52 been granted a privilege or franchise by a municipality, may
53 permit the owners or association of owners of lots or lands
54 outside of the boundaries of said municipality granting said
55 privilege or franchise, or other municipality, to connect with
56 and use the utility operated by the said private company or
57 corporation upon such terms as may be agreed between the said
58 private company or corporation and the owners or association of
59 owners of said lots or lands or the said municipality.
60 (3)(a) A new agreement, or an extension, renewal, or
61 material amendment of an existing agreement, to provide
62 electric, natural gas, water, or sewer utility service at retail
63 pursuant to subsection (1) must be written and may not become
64 effective before an appointed representative of the municipality
65 that provides service or intends to provide the service, in
66 conjunction with the governing body of each municipality and
67 unincorporated area served or to be served, has participated in
68 a public meeting, which is not required to be a separate public
69 meeting, within each municipality and unincorporated area served
70 or to be served for purposes of providing information and
71 soliciting public input on:
72 1. The nature of the services to be provided or changes to
73 the services being provided;
74 2. The rates, fees, and charges to be imposed for the
75 services provided or intended to be provided, including any
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76 differential with the rates, fees, and charges imposed for the
77 same services on customers located within the boundaries of the
78 serving municipality, the basis for the differential, and the
79 length of time that the differential is expected to exist;
80 3. The extent to which revenues generated from the
81 provision of the services will be used to fund or finance
82 nonutility government functions or services; and
83 4. Any other matters deemed relevant by the parties to the
84 agreement.
85 (b) Rates, fees, and charges imposed for water or sewer
86 utility services provided pursuant to subsection (1) shall
87 comply with s. 180.191.
88 (c) A representative of each municipality that provides
89 electric, natural gas, water, or sewer utility services pursuant
90 to subsection (1), in conjunction with the governing body of
91 each municipality and unincorporated area in which it provides
92 services, must annually conduct a public customer meeting, which
93 is not required to be a separate public meeting, within each
94 municipality and unincorporated area for purposes of soliciting
95 public input on utility-related matters, including fees, rates,
96 charges, and services.
97 (d) For purposes of this subsection, the term:
98 1. "Appointed representative" means an executive-level
99 leadership employee of a municipality, or such municipality's
100 related and separate utility authority, board, or commission,
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101 specifically appointed by the governing body to serve as its
102 representative for purposes of this subsection.
103 2. "Governing body" means a:
104 a. Governing body of a municipality in which services are
105 provided or proposed to be extended.
106 b. Board of county commissioners of a county in which
107 services are provided or proposed to be extended, if services
108 are provided or proposed to be extended in an unincorporated
109 area within the county.
110 (4) A municipality that generates revenue from the
111 provision of electric, natural gas, water, or sewer utility
112 services to locations beyond its corporate limits may not use
113 more than 10 percent of the gross revenues generated from such
114 services to fund or finance general government functions. After
115 the transfer of such revenues to fund or finance general
116 government functions, if any revenues generated from such
117 services remain after payment of the municipal utility's costs
118 to provide services, these excess revenues must be reinvested
119 into the municipal utility or returned to customers who received
120 service at locations beyond the municipality's corporate limits.
121 (5)(a) By November 1, 2025, and annually thereafter, each
122 municipality that provides electric, natural gas, water, or
123 sewer utility services pursuant to subsection (1) must provide a
124 report to the Florida Public Service Commission that identifies,
125 for each type of utility service provided by the municipality:
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126 1. The number and percentage of customers that receive
127 utility services provided by the municipality at a location
128 outside the boundaries of the municipality;
129 2. The volume and percentage of sales made to such
130 customers, and the gross revenues generated from such sales; and
131 3. Whether the rates, fees, and charges imposed on
132 customers that receive services at a location outside the
133 municipality's boundaries are different than the rates, fees,
134 and charges imposed on customers within the boundaries of the
135 municipality, and, if so, the amount and percentage of the
136 differential.
137 (b) The commission shall compile the information provided
138 pursuant to paragraph (a) and submit a report containing this
139 information to the Governor, the President of the Senate, and
140 the Speaker of the House of Representatives by January 31, 2025,
141 and annually thereafter.
142 (c) This subsection does not modify or extend the
143 authority of the commission otherwise provided by law with
144 respect to any municipal utility that is required to comply with
145 paragraph (a).
146 Section 2. Subsection (1) of section 180.191, Florida
147 Statutes, is amended to read:
148 180.191 Limitation on rates charged consumer outside city
149 limits.—
150 (1) Any municipality within the state operating a water or
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151 sewer utility outside of the boundaries of such municipality
152 shall charge consumers outside the boundaries rates, fees, and
153 charges determined in one of the following manners:
154 (a) It may charge the same rates, fees, and charges as
155 consumers inside the municipal boundaries. However, in addition
156 thereto, the municipality may add a surcharge of not more than
157 25 percent of such rates, fees, and charges to consumers outside
158 the boundaries. Fixing of such rates, fees, and charges in this
159 manner shall not require a public hearing except as may be
160 provided for service to consumers inside the municipality.
161 (b)1. It may charge rates, fees, and charges that are just
162 and equitable and which are based on the same factors used in
163 fixing the rates, fees, and charges for consumers inside the
164 municipal boundaries. In addition thereto, the municipality may
165 add a surcharge not to exceed 25 percent of such rates, fees,
166 and charges for said services to consumers outside the
167 boundaries. However, the total of all Such rates, fees, and
168 charges for the services to consumers outside the boundaries may
169 shall not exceed 25 be more than 50 percent in excess of the
170 total amount the municipality charges consumers served within
171 the municipality for corresponding service. No such rates, fees,
172 and charges shall be fixed until after a public hearing at which
173 all of the users of the water or sewer systems; owners, tenants,
174 or occupants of property served or to be served thereby; and all
175 others interested shall have an opportunity to be heard
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176 concerning the proposed rates, fees, and charges. Any change or
177 revision of such rates, fees, or charges may be made in the same
178 manner as such rates, fees, or charges were originally
179 established, but if such change or revision is to be made
180 substantially pro rata as to all classes of service, both inside
181 and outside the municipality, no hearing or notice shall be
182 required.
183 2. Any municipality within this state operating a water or
184 sewer utility that provides services to consumers within the
185 boundaries of a separate municipality through the use of a water
186 treatment plant or sewer treatment plant located within the
187 boundaries of that separate municipality may charge consumers in
188 the separate municipality no more than the rates, fees, and
189 charges imposed on consumers inside its own municipal
190 boundaries.
191 Section 3. Subsections (1), (2), and (5) of section
192 366.032, Florida Statutes, are amended to read:
193 366.032 Preemption over utility service restrictions.—
194 (1) A municipality, county, board, agency, commission, or
195 authority of any county, municipal corporation, or political
196 subdivision, special district, community development district
197 created pursuant to chapter 190, or other political subdivision
198 of the state may not enact or enforce a resolution, ordinance,
199 rule, code, or policy or take any action that restricts or
200 prohibits or has the effect of restricting or prohibiting the
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201 types or fuel sources of energy production which may be used,
202 delivered, converted, or supplied by the following entities to
203 serve customers that such entities are authorized to serve:
204 (a) A public utility or an electric utility as defined in
205 this chapter;
206 (b) An entity formed under s. 163.01 that generates,
207 sells, or transmits electrical energy;
208 (c) A natural gas utility as defined in s. 366.04(3)(c);
209 (d) A natural gas transmission company as defined in s.
210 368.103; or
211 (e) A Category I liquefied petroleum gas dealer or
212 Category II liquefied petroleum gas dispenser or Category III
213 liquefied petroleum gas cylinder exchange operator as defined in
214 s. 527.01.
215 (2) Except to the extent necessary to enforce the Florida
216 Building Code adopted pursuant to s. 553.73 or the Florida Fire
217 Prevention Code adopted pursuant to s. 633.202, a municipality,
218 county, board, agency, commission, or authority of any county,
219 municipal corporation, or political subdivision, special
220 district, community development district created pursuant to
221 chapter 190, or other political subdivision of the state may not
222 enact or enforce a resolution, an ordinance, a rule, a code, or
223 a policy or take any action that restricts or prohibits or has
224 the effect of restricting or prohibiting the use of an
225 appliance, including a stove or grill, which uses the types or
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226 fuel sources of energy production which may be used, delivered,
227 converted, or supplied by the entities listed in subsection (1).
228 As used in this subsection, the term "appliance" means a device
229 or apparatus manufactured and designed to use energy and for
230 which the Florida Building Code or the Florida Fire Prevention
231 Code provides specific requirements.
232 (5) Any municipality, county, board, agency, commission,
233 or authority of any county, municipal corporation, or political
234 subdivision, special district, community development district
235 created pursuant to chapter 190, or political subdivision
236 charter, resolution, ordinance, rule, code, policy, or action
237 that is preempted by this act that existed before or on July 1,
238 2021, is void.
239 Section 4. This act shall take effect July 1, 2026.
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Economic Infrastructure Subcommittee
HB 1523
Utility Services
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Busatta (line 140):
• Corrects a submission deadline for a report by the Florida Public Service
Commission from January 31, 2025, to January 31, 2026.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1523 (2025)
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: Economic Infrastructure
2 Subcommittee
3 Representative Busatta offered the following:
4
5 Amendment
6 Remove line 140 and insert:
7 the Speaker of the House of Representatives by January 31, 2026,
848013 - h1523-line140.docx
Published On: 3/11/2025 3:17:25 PM
Page 1 of 1
PCS for HB 987
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 987 COMPANION BILL: None
TITLE: Transportation Facilities Designation LINKED BILLS: None
SPONSOR(S): Economic Infrastructure Subcommittee RELATED BILLS: HB 697, SB 654, SB 1408
Committee References
Orig. Comm.: Economic Infrastructure
SUMMARY
Effect of the Bill:
The bill designates four transportation facilities across the state for memorial purposes and directs the Florida
Department of Transportation (FDOT) to erect suitable markers for each designation.
Fiscal or Economic Impact:
The bill will have an insignificant negative impact on state government expenditures.
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ANALYSIS
EFFECT OF THE BILL:
The bill requires FDOT to erect suitable markers for the following transportation facility designations: (Section 1)
Heroes Memorial Overpass
That portion of the overpass on S.R. 100 between S Temple Avenue and E South Street in Bradford County is
designated as "Heroes Memorial Overpass."
Sergeant Elio Diaz Memorial Highway
That portion of U.S. 41 between Melbourne Street and Church Street in Charlotte County is designated as "Sergeant
Elio Diaz Memorial Highway."
Palm Beach County Sheriff’s Office (PBSO) Motorman Highway
That portion of Southern Boulevard between 18000 Southern Boulevard (Lion Country Safari Road) and Royal
Palm Beach Boulevard in Palm Beach County is designated as "PBSO Motorman Highway."
Staff Sergeant Matthew Sitton Memorial Highway
That portion of S.R. 688/Ulmerton Road between 122nd Avenue N./125th Street and Walsingham Road in Pinellas
County is designated as “Staff Sergeant Matthew Sitton Memorial Highway.”
The bill has an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an insignificant negative impact on state government expenditures. FDOT estimates a cost of
$2,400 per designation for the appropriate markers, which provides for two signs per designation at $1,200 per
STORAGE NAME: PCS0987.EIS
DATE: 3/11/2025
1
sign. 1 Therefore, the bill has an estimated negative fiscal impact of $9,600 to the State Transportation Trust Fund.
This cost can be absorbed within existing FDOT resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legislative Designation of Transportation Facilities
The Legislature may designate a transportation facility, such as a bridge or a portion of a road, for honorary or
memorial purposes or to distinguish a particular facility. Legislative designations do not officially change the
existing names of facilities and do not require local governments or private parties to change street signs, mailing
addresses, or 911 emergency telephone number system listings. 2
Unless specifically provided by law, public facilities such as buildings, parks, roads, bridges, and other similar
facilities may not be named for any living person. 3
Transportation Facility Markers
Following a legislative designation, FDOT is required to place markers at the termini or intersections specified for
each highway segment or bridge designated and may place other markers it deems as appropriate. 4 Before
markers may be erected, the appropriate city or county commission must pass a resolution in support of the
particular honorary designation. If the designated bridge or road segment is located in more than one city or
county, there must be resolutions supporting the designation from each affected local government before markers
may be erected. 5
Biographical Information
Heroes Memorial Overpass
The Heroes Memorial Overpass recognizes the bravery, dedication, and sacrifice of military service members, first
responders, and other heroes who have served to protect the City of Starke community.
Sergeant Elio Diaz Memorial Highway
On December 15, 2024, Sergeant Elio Diaz was shot and killed during a traffic stop in Charlotte Harbor. Sergeant
Diaz had served with the Charlotte County Sheriff’s Office for over 11 years.
Palm Beach County Sheriff’s Office (PBSO) Motorman Highway
On November 2024, three motor deputies were killed in Palm Beach County after being struck by a car. This
designation not only pays tribute to the three motormen, but it also recognizes the role of all first responders who
serve the community.
Staff Sergeant Matthew Sitton Memorial Highway
On August 2, 2012, Staff Sergeant Matthew Sitton was killed in action in Kandahar, Afghanistan during Operation
Enduring Freedom. A native of Largo, he served with distinction in the United States Army. Throughout his service,
he earned numerous commendations, including the Bronze Star Medal, Purple Heart, Army Commendation Medal
with oak leaf cluster, Army Achievement Medal, Army Good Conduct Medal with knot, National Defense Service
Medal, Expert Infantryman Badge, and the Parachutist Badge.
1 Email from Jack Rogers, Director of Legislative Affairs, Department of Transportation, RE: Road Designations Review (Feb.
13, 2025).
2 S. 334.071(1), F.S.
3 S. 267.062(1), F.S.
4 S. 334.071(2), F.S.
5 S. 334.071(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Economic Keating Garcia
Infrastructure Subcommittee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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 987 2025
1 A bill to be entitled
2 An act relating to transportation facility
3 designations; providing honorary designations of
4 certain transportation facilities in specified
5 counties; directing the Department of Transportation
6 to erect suitable markers; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.
13 (1) That portion of the overpass on S.R. 100 between S
14 Temple Avenue and E South Street in Bradford County is
15 designated as "Heroes Memorial Overpass."
16 (2) That portion of U.S. 41 between Melbourne Street and
17 Church Street in Charlotte County is designated as “Sergeant
18 Elio Diaz Memorial Highway.”
19 (3) That portion of Southern Boulevard between 18000
20 Southern Boulevard (Lion Country Safari Road) and Royal Palm
21 Beach Boulevard in Palm Beach County is designated as "PBSO
22 Motorman Highway."
23 (4) That portion of S.R. 688/Ulmerton Road between 122nd
24 Avenue N./125th Street and Walsingham Road in Pinellas County is
25 designated as “Staff Sergeant Matthew Sitton Memorial Highway.”
Page 1 of 2
PCS for HB 987
CODING: Words stricken are deletions; words underlined are additions.
V
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 987 2025
26 (5) The Department of Transportation is directed to erect
27 suitable markers designating the transportation facilities as
28 described in this section.
29 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
PCS for HB 987
CODING: Words stricken are deletions; words underlined are additions.
V
Economic Infrastructure Subcommittee
PCS for HB 987
Transportation Facility Designations
AMENDMENT SUMMARY
March 12, 2025
Amendment 1 by Cobb (line 26):
• Directs the Department of Transportation to erect suitable markers designating
that portion of S.R. 19 and County Road 48 in Howey-In-The-Hills within Lake
County as “Sheriff Gary S. Borders Memorial Highway.”
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 987 (2025)
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: Economic Infrastructure
2 Subcommittee
3 Representative Cobb offered the following:
4
5 Amendment
6 Remove line 26 and insert:
7 (5) That portion of S.R. 19 and County Road 48 in Howey-
8 In-The-Hills within Lake County is designated as “Sheriff Gary
9 S. Borders Memorial Highway.”
10 (6) The Department of Transportation is directed to erect
PCS for HB 987 a1
Published On: 3/11/2025 6:00:31 PM
Page 1 of 1
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