PCS for HB 1137 — Act Relating to Utility Service Restrictions (Commerce Committee, 2025)
Summary
PCS for HB 1137 ORIGINAL 2025 is a bill to be entitled an act relating to utility service restrictions. Section 1 amends the Florida Statutes so that a municipality, county, board, agency or other political subdivision may not enact or enforce a resolution, ordinance, rule, code or policy restricting or prohibiting the fuel sources of energy production that listed utilities may supply, or the use of an appliance such as a stove or grill. Section 2 applies a similar bar to rural electric cooperatives, and Sections 3 and 4 bar the Florida Building Commission and the State Fire Marshall from adopting certain provisions on installing materials for more than one fuel source. Section 5 sets an effective date of July 1, 2025.
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“PCS for HB 1137 — Act Relating to Utility Service Restrictions (Commerce Committee, 2025).”
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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
PCS for HB 1137 ORIGINAL 2025
1 A bill to be entitled
2 An act relating to utility service restrictions;
3 amending s. 366.032, F.S.; prohibiting boards,
4 agencies, commissions, and any authority of any
5 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; amending s. 425.04, FS.;
12 prohibiting rural electric cooperatives from
13 restricting or prohibiting certain fuel sources and
14 appliances used to provide energy to consumers;
15 amending s. 553.73, F.S.; prohibiting the Florida
16 Building Commission from adopting specified
17 restrictions; providing exceptions; amending s.
18 633.202, F.S.; prohibiting the State Fire Marshall
19 from adopting specified restrictions; providing
20 exceptions; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (1), (2), and (5) of section
25 366.032, Florida Statutes, are amended to read:
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26 366.032 Preemption over utility service restrictions.—
27 (1) A municipality, county, board, agency, commission, or
28 authority of any county, municipal corporation, or political
29 subdivision, special district, community development district
30 created pursuant to chapter 190, or other political subdivision
31 of the state may not enact or enforce a resolution, ordinance,
32 rule, code, or policy or take any action that restricts or
33 prohibits or has the effect of restricting or prohibiting the
34 types or fuel sources of energy production which may be used,
35 delivered, converted, or supplied by the following entities to
36 serve customers that such entities are authorized to serve:
37 (a) A public utility or an electric utility as defined in
38 this chapter;
39 (b) An entity formed under s. 163.01 that generates,
40 sells, or transmits electrical energy;
41 (c) A natural gas utility as defined in s. 366.04(3)(c);
42 (d) A natural gas transmission company as defined in s.
43 368.103; or
44 (e) A Category I liquefied petroleum gas dealer or
45 Category II liquefied petroleum gas dispenser or Category III
46 liquefied petroleum gas cylinder exchange operator as defined in
47 s. 527.01.
48 (2) Except to the extent necessary to enforce the Florida
49 Building Code adopted pursuant to s. 553.73 or the Florida Fire
50 Prevention Code adopted pursuant to s. 633.202, a municipality,
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51 county, board, agency, commission, or authority of any county,
52 municipal corporation, or political subdivision, special
53 district, community development district created pursuant to
54 chapter 190, or other political subdivision of the state may not
55 enact or enforce a resolution, an ordinance, a rule, a code, or
56 a policy or take any action that restricts or prohibits or has
57 the effect of restricting or prohibiting the use of an
58 appliance, including a stove or grill, which uses the types or
59 fuel sources of energy production which may be used, delivered,
60 converted, or supplied by the entities listed in subsection (1).
61 As used in this subsection, the term "appliance" means a device
62 or apparatus manufactured and designed to use energy and for
63 which the Florida Building Code or the Florida Fire Prevention
64 Code provides specific requirements.
65 (5) Any municipality, county, board, agency, commission,
66 or authority of any county, municipal corporation, or political
67 subdivision, special district, community development district
68 created pursuant to chapter 190, or political subdivision
69 charter, resolution, ordinance, rule, code, policy, or action
70 that is preempted by this act that existed before or on July 1,
71 2021, is void.
72 Section 2. A new subsection (18) is added to section
73 425.04, Florida Statutes, to read:
74 425.04 Powers.—A cooperative shall have all of the
75 following powers:
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76 (18) A rural electric cooperative organized pursuant to
77 this chapter may not adopt, enact, or enforce any bylaw, tariff,
78 or policy, or take any other action, that restricts or prohibits
79 or has the effect of restricting or prohibiting:
80 (a) The types or fuel sources of energy production which
81 may be used, delivered, converted, or supplied by the entities
82 listed in paragraphs (a)-(e) of subsection (1) of s. 366.032 to
83 serve customers that such entities are authorized to serve.
84 (b) The use of an appliance, including a stove or grill,
85 which uses the types or fuel sources of energy production which
86 may be used, delivered, converted, or supplied by the entities
87 listed in paragraphs (a)-(e) of subsection (1) of s. 366.032. As
88 used in this subsection, the term "appliance" means a device or
89 apparatus manufactured and designed to use energy and for which
90 the Florida Building Code or the Florida Fire Prevention Code
91 provides specific requirements.
92 Section 3. Subsection (20) of section 553.73, Florida
93 Statutes, is amended to read:
94 553.73 Florida Building Code.—
95 (20) The Florida Building Commission may not:
96 (a) Adopt the 2016 version of the American Society of
97 Heating, Refrigerating and Air-Conditioning Engineers Standard
98 9.4.1.1(g).
99 (b) Adopt any provision that requires a door located in
100 the opening between a garage and a single-family residence to be
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101 equipped with a self-closing device.
102 (c) Adopt into the Florida Building Code any provision
103 that prohibits or requires, or has the effect of prohibiting or
104 requiring, the installation of materials to facilitate the use
105 of more than one type or fuel source of energy production listed
106 in paragraphs (a)-(e) of subsection (1) of s. 366.032, except to
107 the extent that more than one type or fuel source of energy is
108 required for the proper operation of an appliance, as specified
109 by the appliance manufacturer. Emergency power systems and
110 standby power systems required by statute, the Florida Building
111 Code, the Florida Fire Prevention Code, or local amendments
112 adopted thereto are exempt from this paragraph.
113 Section 4. A new subsection (21) is added to section
114 633.202, Florida Statutes, to read:
115 633.202 Florida Fire Prevention Code.—
116 (21) The State Fire Marshall may not adopt into the
117 Florida Fire Prevention Code any provision that prohibits or
118 requires, or has the effect of prohibiting or requiring, the
119 installation of materials to facilitate the use of more than one
120 type or fuel source of energy production listed in paragraphs
121 (a)-(e) of subsection (1) of s. 366.032, except to the extent
122 that more than one type or fuel source of energy is required for
123 the proper operation of an appliance, as specified by the
124 appliance manufacturer. Emergency power systems and standby
125 power systems required by statute, the Florida Building Code,
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126 the Florida Fire Prevention Code, or local amendments adopted
127 thereto are exempt from this paragraph.
128 Section 5. This act shall take effect July 1, 2025.
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