Economic Infrastructure Subcommittee: Committee Meeting Notice, January 28, 2026
Summary
Meeting packet for the Florida House of Representatives Economic Infrastructure Subcommittee, Wednesday, January 28, 2026, 1:00 PM to 3:00 PM at Reed Hall, with Daniel Perez as Speaker and Chip LaMarca as Chair. The Committee Meeting Notice, marked finalized on 01/26/2026, lists HB 519 on Golf Cart Crossings, HB 919 on Commercial Service Airports, HB 1075 on Municipal Utility Connections, HB 1093 on Advanced Air Mobility, HB 1461 on Advanced Nuclear Reactors and HB 4045 on the Jacksonville Aviation Authority. The packet includes the bill analysis of HB 519, which says the bill authorizes a golf cart to cross certain highways of five lanes or more at a signalized intersection. It ends with text of HB 4045.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Economic Infrastructure Subcommittee: Committee Meeting Notice, January 28, 2026.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-28-3286-economic-infrastructure-subcommittee-meeting-packets-f-522018a39c/
, SHA-256 5a2a396218de76827ab998c1a45e71083cbfa5fa7e37dab2e872b5b9b6877fe9.Full text
Economic Infrastructure Subcommittee
Wednesday, January 28, 2026
1:00 PM - 3:00 PM
Reed Hall (102 HOB)
Daniel Perez Chip LaMarca
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Economic Infrastructure Subcommittee
Start Date and Time: Wednesday, January 28, 2026 01:00 PM
End Date and Time: Wednesday, January 28, 2026 03:00 PM
Location: Reed Hall (102 HOB)
Duration: 2.00 hrs
Consideration of the following bill(s):
HB 519 Golf Cart Crossings by Yeager
HB 919 Commercial Service Airports by Weinberger, Kendall
HB 1075 Municipal Utility Connections by Sirois, Oliver
HB 1093 Advanced Air Mobility by Spencer
HB 1461 Advanced Nuclear Reactors by Miller, Gentry
HB 4045 Jacksonville Aviation Authority, Consolidated City Of Jacksonville, Duval County by Duggan
NOTICE FINALIZED on 01/26/2026 4:34PM by Marks.Amie
01/26/2026 04:34:46PM Leagis ® Page 1 of 1
HB 519
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 519 COMPANION BILL: None
TITLE: Golf Cart Crossings LINKED BILLS: None
SPONSOR(S): Yeager RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill authorizes a golf cart to cross certain highways of five lanes or more at a golf cart crossing at a signalized
intersection, if the Florida Department of Transportation (FDOT) has reviewed and approved the location and
design of the crossing. The bill authorizes the operation of a golf cart on this type of crossing only with a permit
from the county or municipality where the golf cart crossing is located.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the authorized operation of golf carts on roadways by allowing a golf cart to cross a highway of
five lanes or more at a golf cart crossing at a signalized intersection, if FDOT has reviewed and approved the
location and design of the crossing and all of the following conditions are met:
The roadway perpendicular to the crossing has a speed limit of 35 miles per hour or less
The perpendicular roadway approaches include at least one exclusive right-turn or shared through-lane
and right-turn lane.
The angle of the roadway perpendicular to the crossing is at least 90 degrees but not more than 105
degrees from the roadway on which the crossing is located.
The county or municipality in which the golf cart crossing is located has posted appropriate signs at the
signalized intersection to indicate that operation of a golf cart is allowed at the crossing.
A person has obtained a permit to operate a golf cart from the county or municipality where the golf cart
crossing is located.
The bill provides that operating a golf cart in violation of these provisions is a non-criminal traffic infraction and is
punishable as a moving violation. (Section 1)
The bill has an effective date of July 1, 2026 (Section 2)
STORAGE NAME: h0519.EIS
DATE: 1/26/2026
1
HB 519
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Operation of Golf Carts on Roadways
Florida law defines the term “golf cart” as a motor vehicle that is designed and manufactured for operation on a
golf course for sporting or recreational purposes. Operation of golf carts is prohibited on public roads or streets of
this state, with the exceptions described below.1
A golf cart may be operated upon a county road that has been designated by a county, a municipal street that has
been designated by a municipality, or a two-lane county road located within the jurisdiction of a municipality
designated by that municipality, for use by golf carts. Prior to making such a designation, the responsible local
governmental entity must first determine that golf carts may safely travel on or cross the public road or street,
considering factors including the speed, volume, and character of motor vehicle traffic using the road or street.
Upon such a determination, the responsible governmental entity must post appropriate signs to indicate that such
operation is allowed. 2
A golf cart may be operated on the State Highway System under the following conditions:3
To cross a portion of the State Highway System which intersects a county road or municipal street that has
been designated for use by golf carts if FDOT has reviewed and approved the location and design of the
crossing and any traffic control devices needed for safety purposes.
To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides
of the highway if FDOT has reviewed and approved the location and design of the crossing and any traffic
control devices needed for safety purposes.
On a state road that has been designated for transfer to a local government unit if DOT determines that the
operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of
motor vehicular traffic and if:
o The road is the only available public road along which golf carts may travel or cross or the road
provides the safest travel route among alternative routes available; and
o The speed, volume, and character of motor vehicle traffic using the road is considered by DOT in
making its determination.
If such use is approved, FDOT must post appropriate signs along the road to indicate that golf cart operation is
allowed.4
A golf cart may be operated by residents or guests of a mobile home park for the purpose of crossing a street or
highway where the mobile home park is located on both sides of the street or highway and is divided by that street
or highway, provided that the governmental entity having original jurisdiction over such street or highway reviews
and approves the location of the crossing and require implementation of any traffic controls needed for safety
purposes. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate
golf carts or within the confines of the park, it is not necessary for the park to have a gate or other device at the
entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park.5
If authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart
may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour
or less. 6
1 s. 316.212, F.S.
2 S. 316.212(1), F.S.
3 s. 316.212(2), F.S.
4 Id.
5 S. 316.212(3), F.S.
6Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 519
A golf cart may only be operated during the hours between sunrise and sunset, unless the responsible
governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise
and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. Further, a golf cart must
be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized
warning devices in both the front and rear.7 A golf cart may not be operated on public roads or streets by any
person under the age of 15.8
A violation of age or equipment requirements regarding the use of a golf cart is a noncriminal traffic infraction,
punishable as a nonmoving violation.9 The statutory base fine is $3010, but with additional fees and surcharges, the
total penalty may be higher. A violation of the permissible operation of a golf cart on public roads or a violation of
the hours of permissible operation of a golf cart is a noncriminal traffic infraction punishable as a moving
violation.11
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2023 CS/CS/HB 949 - Operation of a Golf Cart Stevenson/ Grall Became law on October 1,
2023.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Ray
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
7 S. 316.212(6), F.S.
8 S. 316.212(7), F.S. An operator under 18 years of age must possess a valid learner’s driver license or valid driver license.
9 S. 316.212(9), F.S.
10 S. 318.18(2), F.S.
11 S. 316.212(9), F.S.
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
HB 519 2026
1 A bill to be entitled
2 An act relating to golf cart crossings; amending s.
3 316.212, F.S.; authorizing operation of a golf cart
4 for the purpose of crossing certain highways under
5 certain conditions; requiring certain counties and
6 municipalities to post certain signs; requiring
7 certain permits; providing penalties; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (9) of section 316.212, Florida
13 Statutes, is renumbered as subsection (10) and amended, and a
14 new subsection (9) is added to that section to read:
15 316.212 Operation of golf carts on certain roadways.—The
16 operation of a golf cart upon the public roads or streets of
17 this state is prohibited except as provided herein:
18 (9)(a) Notwithstanding any other provision of this
19 section, a golf cart may be operated for the purpose of crossing
20 a highway of five lanes or more upon a golf cart crossing at a
21 signalized intersection if the Department of Transportation has
22 reviewed and approved the location and design of the crossing
23 and all of the following conditions are met:
24 1. The roadway perpendicular to the crossing must have a
25 speed limit of 35 miles per hour or less, which must be posted
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb519-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 519 2026
26 on either side of the crossing.
27 2. The perpendicular roadway approaches must include at
28 least one exclusive left-turn lane and at least one exclusive
29 right-turn lane or shared through-lane and right-turn lane.
30 3. The angle of the roadway perpendicular to the crossing
31 must be at least 90 degrees but not more than 105 degrees from
32 the roadway on which the crossing is located.
33 (b) The county or municipality in which the golf cart
34 crossing is located shall post appropriate signs at the
35 signalized intersection to indicate that operation of a golf
36 cart is allowed at the crossing.
37 (c) A person must obtain a permit to operate a golf cart
38 under paragraph (a) from the county or municipality in which the
39 golf cart crossing is located.
40 (10)(9) A violation of this section is a noncriminal
41 traffic infraction, punishable pursuant to chapter 318 as a
42 moving violation for infractions of subsections (1)-(5) and (9)
43 or a local ordinance corresponding thereto and enacted pursuant
44 to subsection (8), or punishable pursuant to chapter 318 as a
45 nonmoving violation for infractions of subsection (6),
46 subsection (7), or a local ordinance corresponding thereto and
47 enacted pursuant to subsection (8).
48 Section 2. This act shall take effect July 1, 2026.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb519-00
Economic Infrastructure Subcommittee
HB 519 by Rep. Yeager
Golf Cart Crossings
AMENDMENT SUMMARY
January 28, 2026
Amendment #759743 by Rep. Yeager (strike-all):
• Authorizes a golf cart to be operated to cross any street or highway within a
crosswalk, at a signalized intersection, that connects streets or roads
designated by a local government entity for the operation of golf carts.
• Removes provisions of the bill that:
o Provide for golf cart crossings at highways of five or more lanes,
subject to review and approval by the Florida Department of
Transportation for the location and design of such crossings;
o Limit such crossings to perpendicular roadways with a speed limit of 35
miles per hours or less, with specified turn lane configurations, and
within a crossing angle between 90 and 105 degrees; and
o Require a person to obtain a permit to operate a golf cart at such
crossings from the applicable local government.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 519 (2026)
Amendment No.
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 Yeager offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsections (5) through (9) of section 316.212,
8 Florida Statutes, are renumbered as subsections (6) through
9 (10), a new subsection (5) is added to that section, and
10 renumbered subsection (10) is amended, to read:
11 316.212 Operation of golf carts on certain roadways.—The
12 operation of a golf cart upon the public roads or streets of
13 this state is prohibited except as provided herein:
14 (5) Notwithstanding any other provision of this section, a
15 golf cart may be operated for the purpose of crossing a street
759743 - h0519-strike.docx
Published On: 1/27/2026 6:11:00 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 519 (2026)
Amendment No.
16 or highway within a crosswalk at a signalized intersection,
17 provided that:
18 1. The intersection is located wholly within the
19 boundaries of a single local governmental entity;
20 2. The local governmental entity has designated, for the
21 operation of golf carts, the street or road located on both
22 sides of the street or highway spanned by the crosswalk; and
23 3. The local governmental entity has approved the
24 operation of golf carts at the crosswalk and has posted
25 appropriate signs at the signalized intersection to indicate
26 that operation of a golf cart is permitted at the crosswalk.
27 (10)(9) A violation of this section is a noncriminal
28 traffic infraction, punishable pursuant to chapter 318 as a
29 moving violation for infractions of subsections (1)-(6)(5)
30 or a local ordinance corresponding thereto and enacted pursuant
31 to subsection (9)(8), or punishable pursuant to chapter 318 as a
32 nonmoving violation for infractions of subsection (7)(6),
33 subsection (8)(7), or a local ordinance corresponding thereto
34 and enacted pursuant to subsection (9)(8).
35 Section 2. This act shall take effect July 1, 2026.
36
37 -----------------------------------------------------
38 T I T L E A M E N D M E N T
39 Remove everything before the enacting clause and insert:
759743 - h0519-strike.docx
Published On: 1/27/2026 6:11:00 PM
Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 519 (2026)
Amendment No.
40 An act relating to golf cart crossings; amending s.
41 316.212, F.S.; authorizing operation of a golf cart
42 for the purpose of crossing certain streets and
43 highways under certain conditions; providing
44 penalties; providing an effective date.
759743 - h0519-strike.docx
Published On: 1/27/2026 6:11:00 PM
Page 3 of 3
HB 919
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 919 COMPANION BILL: SB 706 (Mayfield)
TITLE: Commercial Service Airports LINKED BILLS: None
SPONSOR(S): Weinberger and Kendall RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
SUMMARY
Effect of the Bill:
The bill preempts to the state the naming of major commercial service airports. The bill renames the Palm Beach
International Airport as the "Donald J. Trump International Airport" but retains the current names for all other
major commercial service airports, including Orlando International Airport, Miami International Airport, Fort
Lauderdale-Hollywood International Airport, Tampa International Airport, Southwest Florida International
Airport, and Jacksonville International Airport. The bill requires an annual review to identify airports that may be
added or removed from this list based on a change in status as a major commercial service airport.
Fiscal or Economic Impact:
The bill appears to have a negative impact on local government expenditures associated with renaming the Palm
Beach International Airport.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expressly preempts to the state the naming of major commercial service airports. The bill defines a major
commercial service airport as an airport providing commercial service which is a medium or large hub airport
under the classification criteria established by the Federal Aviation Administration. (Section 1)
The bill provides that the major commercial service airports in the state are named as follows: (Section 1)
The airport located at One Jeff Fuqua Boulevard in Orlando is named “Orlando International Airport.”
The airport located at 2100 NW 42nd Avenue in Miami is named “Miami International Airport.”
The airport located at 100 Terminal Drive in Fort Lauderdale is named “Fort Lauderdale-Hollywood
International Airport.”
The airport located at 4100 George J. Bean Parkway in Tampa is named “Tampa International Airport.”
The airport located at 11000 Terminal Access Road in Fort Meyers is named “Southwest Florida
International Airport.”
The airport located at 1000 James L Turnage Boulevard in West Palm Beach is named “Donald J. Trump
International Airport.”
The airport located at 2400 Yankee Clipper Drive in Jacksonville is named “Jacksonville International
Airport.”
The bill provides that each name remains valid if an airport no longer meets the classification criteria to be a major
commercial service airport. The bill requires the department to review this list annually to identify airports that
may be added or removed based on a change in status as a major commercial service airport. If the department
identifies such a change in status for any airport, it must notify the President of the Senate and the Speaker of the
House of Representatives 60 days before the next regular legislative session. (Section 1)
STORAGE NAME: h0919.EIS
DATE: 1/26/2026
1
HB 919
The bill requires government records created on or after July 1, 2026, to use the airport names provided in the bill.
(Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill appears to have a negative impact on local government expenditures associated with renaming the Palm
Beach International Airport.
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, municipalities3 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 January 25, 2026, there are 601 active
dependent11 special districts and 1,486 active independent special districts in Florida.12
State Preemption
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. 56,
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 Jan. 25, 2026).
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 Commerce, Official List of Special Districts,
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited Jan. 25, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 919
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
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
Federal Classification of Airports
The Federal Aviation Administration (FAA) oversees the planning and development of airports across the nation
with a focus on safety and security. The FAA classifies all airports based on the type of service provided and the
number of passengers that board aircraft (passenger boardings).18 Each commercial service airport is further
classified by hub type based on the percentage or number of annual U.S. commercial passenger boardings that the
airport receives, as shown in the table below.
Commercial Service Airport Classifications19
Hub Type (Percentage /
Number of Annual U.S. Common Name
Passenger Boardings)
Commercial Service Primary Large (1% or more) Large Hub
Publicly owned airports More than 10,000
with at least 2,500 passenger Medium (0.25% to 1%) Medium Hub
passenger boardings boardings each year
each year and that Small (0.05% to 0.25%) Small Hub
receive scheduled
passenger service Nonhub (More than 10,000 Nonhub Primary
but less than 0.05%)
Nonprimary Nonhub - At least 2,500 and Nonhub Nonprimary
no more than 10,000
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 Jan. 25, 2026).
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).
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 49 U.S.C. § 47102. Passenger boardings are defined as revenue passenger boardings in the United States in the prior
calendar year on an aircraft in service in air commerce. 49 U.S.C. § 47102(15).
19 Federal Aviation Administration, Airport Categories, https://www.faa.gov/airports/planning_capacity/categories (last
visited Jan. 25, 2026). See also 49 U.S.C. § 47102.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 919
Large and Medium Hub Airports in Florida
Under the FAA’s classification system, Florida is home to four large hub airports and three medium hub airports.20
Florida’s large hub airports are:
Orlando International Airport,
Miami International Airport,
Fort Lauderdale-Hollywood International Airport, and
Tampa International Airport.
Florida’s medium hub airports are:
Southwest Florida International Airport,
Palm Beach International Airport, and
Jacksonville International Airport.
Each of these airports is owned and operated by a unit of local government.21
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Ray
Subcommittee
Commerce Committee
20 Federal Aviation Administration, List of NPIAS Airports, Oct 2024,
https://www.faa.gov/sites/faa.gov/files/airports/planning_capacity/npias/current/ARP-NPIAS-2025-2029-Appendix-A.pdf
(last visited Jan. 25, 2026).
21 Orlando International Airport is operated by the Greater Orlando Aviation Authority, an independent special district. See Ch,
98-492, L.O.F.; see also Greater Orlando Aviation Authority, History of MCO, https://flymco.com/airport-business/mcohistory/
(last visited Jan. 25, 2026). Miami International Airport is owned by Miami-Dade County and operated by the Miami-Dade
Aviation Department. See Miami International Airport, About Us, https://www.miami-airport.com/about_us.asp (last visited
Jan. 25, 2026). Fort Lauderdale-Hollywood International Airport is owned by Broward County and operated by the Broward
County Aviation Department. See Broward.Org,, Airport,
https://www.broward.org/Airport/Business/about/Pages/default2.aspx (last visited Jan. 25, 2026). Tampa International
Airport is operated by the Hillsborough County Aviation Authority, an independent special district. See Ch. 2022-252, L.O.F.;
see also Tampa International Airport, About HCAA, https://www.tampaairport.com/business/airport-administration/about-
hcaa (last visited Jan. 25, 2026). Southwest Florida International Airport is operated by the Lee County Port Authority, a
dependent special district of Lee County. See Lee County Port Authority, About LCPA, https://www.flylcpa.com/about-
lcpa/lee-county-port-authority/ (last visited Jan. 25, 2026). Palm Beach International Airport is operated by the Palm Beach
County Department of Airports. See Palm Beach International Airport, History, https://www.pbia.org/about/history/ (last
visited Jan. 25, 2026). Jacksonville International Airport is owned and operated by the Jacksonville Aviation Authority, a
dependent special district of the City of Jacksonville. See Jacksonville International Airport, About JAA,
https://flyjacksonville.com/content.aspx?id=67 (last visited Jan. 25, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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 919 2026
1 A bill to be entitled
2 An act relating to commercial service airports;
3 amending s. 332.0075, F.S.; defining the term "major
4 commercial service airport"; preempting the naming of
5 major commercial service airports to the state;
6 providing names for major commercial service airports;
7 providing that such airport names continue to be valid
8 under certain circumstances; requiring the Department
9 of Transportation to annually review provisions naming
10 major commercial service airports for a certain
11 purpose; requiring the department to provide certain
12 notice to the Legislature; providing requirements for
13 such notice; requiring that certain government records
14 created on or after a certain date use such airport
15 names; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (e) is added to subsection (1) of
20 section 332.0075, Florida Statutes, and subsection (7) is added
21 to that section, to read:
22 332.0075 Commercial service airports; transparency and
23 accountability; penalty.—
24 (1) As used in this section, the term:
25 (e) "Major commercial service airport" means an airport
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb919-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 919 2026
26 providing commercial service which is a medium or large hub
27 airport under the classification criteria established by the
28 Federal Aviation Administration.
29 (7)(a) The naming of major commercial service airports is
30 preempted to the state.
31 (b) Notwithstanding any law to the contrary, the major
32 commercial service airports are named as follows:
33 1. The airport located at One Jeff Fuqua Boulevard in
34 Orlando, or nearest thereto, is the "Orlando International
35 Airport."
36 2. The airport located at 2100 NW 42nd Avenue in Miami, or
37 nearest thereto, is the "Miami International Airport."
38 3. The airport located at 100 Terminal Drive in Fort
39 Lauderdale, or nearest thereto, is the "Fort Lauderdale-
40 Hollywood International Airport."
41 4. The airport located at 4100 George J. Bean Parkway in
42 Tampa, or nearest thereto, is the "Tampa International Airport."
43 5. The airport located at 11000 Terminal Access Road in
44 Fort Myers, or nearest thereto, is the "Southwest Florida
45 International Airport."
46 6. The airport located at 1000 James L Turnage Boulevard
47 in West Palm Beach, or nearest thereto, is the "Donald J. Trump
48 International Airport."
49 7. The airport located at 2400 Yankee Clipper Drive in
50 Jacksonville, or nearest thereto, is the "Jacksonville
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb919-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 919 2026
51 International Airport."
52 (c) If an airport listed in paragraph (b) no longer meets
53 the classification criteria to be a major commercial service
54 airport, the airport name continues to be valid.
55 (d) The department shall review paragraph (b) annually to
56 identify airports that may be added to or removed from paragraph
57 (b) based on any change in status as a major commercial service
58 airport. If the department identifies any such airport, it must
59 notify the President of the Senate and the Speaker of the House
60 of Representatives 60 days before the next regular legislative
61 session. The notice must include the name of the airport and
62 specify the reasons for the airport's change in status.
63 (e) Government records created on or after July 1, 2026,
64 which refer to airports listed in paragraph (b) must use the
65 airport names provided in paragraph (b).
66 Section 2. This act shall take effect July 1, 2026.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb919-00
Economic Infrastructure Subcommittee
HB 919 by Reps. Weinberger and Kendall
Commercial Service Airports
AMENDMENT SUMMARY
January 28, 2026
Amendment #791219 by Rep. Weinberger (line 47):
• Provides that renaming of a certain airport is subject to the approval of the
Federal Aviation Administration and execution of an agreement for naming rights.
• Provides construction and clarifies effect of the bill.
• Provides a definition of the term “political subdivision” for purposes of the bill.
• Clarifies that a political subdivision is in compliance with the bill if it diligently
pursues all necessary approvals and agreements to implement the name change
required by the bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 919 (2026)
Amendment No.
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 Weinberger offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 47-65 and insert:
7 in West Palm Beach, or nearest thereto, currently known as the
8 "Palm Beach International Airport," shall be renamed as the
9 "Donald J. Trump International Airport," subject to approval of
10 the Federal Aviation Administration and execution of an
11 agreement with the rights holder authorizing the commercial use
12 of "Donald J. Trump International Airport" by Palm Beach County,
13 which must, at a minimum, grant Palm Beach County the perpetual
14 and unrestricted right to use the name "Donald J. Trump
15 International Airport," as well as reasonable abbreviations or
16 deviations thereof, at no cost, in signage, advertising,
791219 - h0919-line 47.docx
Published On: 1/27/2026 5:30:31 PM
Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 919 (2026)
Amendment No.
17 marketing, merchandising, and promotions and for the branding of
18 the airport and its operations, services, and amenities, and all
19 related purposes.
20 7. The airport located at 2400 Yankee Clipper Drive in
21 Jacksonville, or nearest thereto, is the "Jacksonville
22 International Airport."
23 (c) If an airport listed in paragraph (b) no longer meets
24 the classification criteria to be a major commercial service
25 airport, the airport name continues to be valid.
26 (d) The department shall review paragraph (b) annually to
27 identify airports that may be added to or removed from paragraph
28 (b) based on any change in status as a major commercial service
29 airport. If the department identifies any such airport, it must
30 notify the President of the Senate and the Speaker of the House
31 of Representatives 60 days before the next regular legislative
32 session. The notice must include the name of the airport and
33 specify the reasons for the airport's change in status.
34 (e) Government records created on or after July 1, 2026,
35 which refer to airports listed in paragraph (b) must use the
36 airport names provided in paragraph (b). For purposes of this
37 subsection, airport names are branding designations only and may
38 not be construed to create or require the creation of a new
39 legal entity. This paragraph does not require a political
40 subdivision to amend any existing agreement with any person or
41 entity solely to update references to the airport name or
791219 - h0919-line 47.docx
Published On: 1/27/2026 5:30:31 PM
Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 919 (2026)
Amendment No.
42 require a political subdivision to contract in the name of the
43 airport listed in paragraph (b).
44 (f) For purposes of this subsection, the term "political
45 subdivision" means a political subdivision as defined in s.
46 333.01 which owns and controls an airport listed in paragraph
47 (b). Notwithstanding any other provision of law, a political
48 subdivision may not be construed to be in violation of any state
49 law, including, but not limited to, chapter 495 and s. 540.08,
50 for using the airport name provided in paragraph (b).
51 (g) A political subdivision is in compliance with this
52 subsection if it diligently pursues all necessary approvals and
53 agreements to implement an airport name change required under
54 this subsection and timely commences signage and branding
55 changes upon receipt of such approvals. For purposes of this
56 paragraph, the term "timely commences" means to initiate
57 planning, procurement, and implementation within a reasonable
58 period after receiving all necessary approvals, taking into
59 account the availability of budgeted funds and the timeframes
60 necessary to comply with applicable procurement laws,
61 regulations, and procedures.
62
63 -----------------------------------------------------
64 T I T L E A M E N D M E N T
65 Remove lines 7-15 and insert:
791219 - h0919-line 47.docx
Published On: 1/27/2026 5:30:31 PM
Page 3 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 919 (2026)
Amendment No.
66 providing that renaming a specified airport is subject
67 to approval of the Federal Aviation Administration and
68 execution of a certain agreement; providing that such
69 airport names continue to be valid under certain
70 circumstances; requiring the Department of
71 Transportation to annually review provisions naming
72 major commercial service airports for a certain
73 purpose; requiring the department to provide certain
74 notice to the Legislature; providing requirements for
75 such notice; requiring that certain government records
76 created on or after a certain date use such airport
77 names; specifying that airport names are branding
78 designations; providing construction; defining the
79 terms "political subdivision" and "timely commences";
80 providing that a political subdivision is in
81 compliance with certain provisions under specified
82 circumstances; providing an effective date.
791219 - h0919-line 47.docx
Published On: 1/27/2026 5:30:31 PM
Page 4 of 4
HB 1075
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 1075 COMPANION BILL: SB 1014 (Mayfield)
TITLE: Municipal Utility Connections LINKED BILLS: None
SPONSOR(S): Sirois and Oliver RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill requires a municipality to extend utility service to other municipalities or property owners located outside
its municipal boundaries if: (1) the municipal utility has sufficient capacity to serve without material impact on
service to existing customers; and (2) the requesting municipality or property owner agrees to pay all applicable
rates, fees, and charges under current law (including surcharges). Otherwise, service extension is by agreement, as
provided in current law. The bill clarifies that it does not prohibit a municipality from imposing reasonable fees
necessary to fund system expansion required for a new connection.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes requirements related to the provision of municipal utility services to municipalities or property
owners outside the municipal boundaries.
The bill requires a municipality that operates utility services to allow another municipality or property owner
outside its municipal boundaries to connect with or use its utility services if each of the following conditions is met:
The utility system has sufficient system capacity1 to serve the requested connection without materially
impairing service to existing utility customers.
The requesting municipality or property owner agrees to pay all applicable rates and charges authorized by
law.2 (Section 1)
The bill provides that where the conditions above are not met, connection by another municipality or a property
outside municipal boundaries is by agreement. (Section 1)
The bill provides that a municipality must, within 30 days after receipt of a connection application from a
municipality or property owner outside its municipal boundaries, make a written capacity determination. The
determination must be based on generally accepted engineering standards and current system data. (Section 1)
1 “Capacity” in utility services refers to the maximum amount or volume of product (electricity, water, gas) that can be
provided at a specific point in time under specific conditions. See e.g., U.S. Energy Information Administration, Electricity
explained: Electricity generation, capacity, and sales in the United States,
https://www.eia.gov/energyexplained/electricity/electricity-in-the-us-generation-capacity-and-sales.php (last visited Jan. 16,
2026).
2 The requesting municipality or property owner must agree to pay all rates and charges imposed by the municipal utility in
accordance with s. 180.191, F.S.
STORAGE NAME: h1075a.EIS
DATE: 1/26/2026
1
HB 1075
The bill establishes certain requirements where the municipality denies a connection request. Specifically:
If the connection request is denied due to lack of capacity, the denial must include specific engineering
findings identifying the deficient components of the system.
A requesting municipality or property owner denied connection with or use of utility services may appeal
the capacity determination to the circuit court in the county in which the municipality or property is
located. The court must review the determination de novo.3
If the court finds that the municipality’s denial was in violation of the provisions of the bill, the court must
order the connection and award the prevailing party reasonable attorney fees and court costs, unless the
municipality providing utility services demonstrates by clear and convincing evidence that the denial was
based on a good faith, reasonable engineering determination of insufficient capacity. (Section 1)
The bill provides that a private company or corporation granted a privilege or franchise by a municipality to
operate utility services may allow connection by another municipality or property owner by agreement. (Section
1)
The bill clarifies that it does not prohibit a municipality from imposing reasonable impact fees, connection fees, or
infrastructure contributions necessary to fund system expansion required for a new connection. (Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
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.4 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.5 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.
Municipal 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.6 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
3 “De novo,” is a Latin term that means “anew,” “from the beginning,” or “afresh.” A court that hears a case de novo decides the
issues without reference to any conclusions or findings made by a lower or previous court. See e.g., Cornell Law School, Legal
Information Institute, de novo, https://www.law.cornell.edu/wex/de_novo (last visited Jan. 16, 2026).
4 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.
5 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.
6 Florida Public Service Commission, Facts and Figures of the Florida Utility Industry (2025), at pages 1, 12, available at
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/General/FactsAndFigures/April%202025.pdf
(last visited Jan. 16, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1075
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
reliable, coordinated power grid.7 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.8 With respect to public
works projects, including water and sewer utility services,9 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.”10 A municipality may not extend or apply these corporate powers within the corporate limits of
another municipality.11 In general, however, local governments may enter into mutually advantageous agreements
to provide services or facilities to other localities.12 Further, the law specifically authorizes a municipality to
negotiate agreement to terms and conditions upon which any other municipality and the owners of lands outside
its corporate limits or within the limits of another municipality may connect with its utility services.13 Municipal
water and sewer utility systems are exempt from PSC jurisdiction.
Florida law authorizes a municipality that operates a water or sewer utility outside of its municipal boundaries to
impose higher rates, fees, and charges on customers receiving service outside of its corporate boundaries
compared those imposed on customers within its boundaries. The municipality can accomplish this in two ways:
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.14
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 then 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.15
Trial Courts
The State Constitution establishes a two-tier system of trial courts granting distinct jurisdiction to county courts
and to circuit courts.16 County courts have limited jurisdiction set by statute and hear matters such as traffic
offenses, landlord-tenant disputes, small claims cases up to $8,000, misdemeanor criminal matters, local
7 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 Jan. 16, 2026).
8 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.
9 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.
10 S. 180.02(2), F.S.
11 Id.
12 See s. 163.01, F.S.
13 S. 180.19, F.S.
14 S. 180.191(1)(a), F.S.
15 S. 180.191(1)(b), F.S.
16 Art. V, ss. 5 and 6, Fla. Const.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1075
government ordinance violations, and monetary disputes up to $50,000.17 There are 67 county courts, one for each
county in the state.18 Circuit courts, meanwhile, have general jurisdiction to hear all matters not within the county
courts’ jurisdiction, including dissolution of marriage and other “family law” proceedings, felony criminal matters,
juvenile delinquency and dependency proceedings, probate proceedings, guardianship matters, and monetary
disputes over $50,000.19 There are 20 circuit courts in Florida, one for each judicial circuit.20
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 1523 - Utility Services Busatta Died in Senate
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Rubottom
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
17 Office of the State Courts Administrator, Trial Courts – County, https://www.flcourts.gov/Courts-System/Court-Structure/Trial-Courts-
County (last visited Jan. 16, 2026).
18 Id.
19 Office of the State Courts Administrator, Trial Courts - Circuit, https://www.flcourts.gov/Courts-System/Court-Structure/Trial-Courts-
Circuit (last visited Jan. 16, 2026).
20 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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 1075 2026
1 A bill to be entitled
2 An act relating to municipal utility connections;
3 amending s. 180.19, F.S.; requiring municipalities
4 that operate utility services to allow other
5 municipalities and property owners outside its
6 municipal boundaries to connect with and use its
7 utility services under specified conditions; requiring
8 municipalities to make certain determinations within a
9 specified timeframe; providing for appeal of such
10 determinations; providing for the award of attorney
11 fees and court costs; providing that municipalities
12 are not liable for such fees and costs under certain
13 conditions; providing construction; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 180.19, Florida Statutes, is amended to
19 read:
20 180.19 Use by other municipalities and by individuals
21 outside corporate limits.—
22 (1)(a) A municipality that operates utility services which
23 constructs any works as are authorized under by this chapter
24 shall allow a, may permit any other municipality or property
25 owner and the owners or association of owners of lots or lands
Page 1 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1075-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1075 2026
26 outside of its municipal boundaries corporate limits or within
27 the limits of any other municipality, to connect with or use the
28 utility services if:
29 1. The utility system has sufficient treatment,
30 transmission, and distribution capacity to serve the requested
31 connection without materially impairing service to existing
32 utility customers; and
33 2. The requesting municipality or property owner agrees to
34 pay all applicable rates, fees, and charges authorized under s.
35 180.191.
36 (b) If the conditions in paragraph (a) are not met,
37 connection with or use of the utility services are utilities
38 mentioned in this chapter upon such terms and conditions as may
39 be agreed between the such municipalities or the municipality
40 and the property owner, and the owners or association of owners
41 of such outside lots or lands.
42 (2)(a) A municipality that operates utility services must
43 make a written capacity determination within 30 days after
44 receipt of a completed application for connection from a
45 municipality or property owner under subsection (1). The
46 determination must be based on generally accepted engineering
47 standards and current system data. A denial of connection with
48 or use of utility services due to a lack of capacity must
49 include specific engineering findings identifying the deficient
50 components of the system.
Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1075-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1075 2026
51 (b) A requesting municipality or property owner denied
52 connection with or use of utility services may appeal the
53 capacity determination to the circuit court in the county in
54 which the municipality or property is located. The court must
55 review the determination de novo.
56 (c) If the court finds that the municipality refused to
57 allow the connection in violation of this subsection, the court
58 must order the connection and award the prevailing party
59 reasonable attorney fees and court costs to be paid by the
60 municipality operating the utility services.
61 (d) The municipality operating the utility services is not
62 liable for attorney fees or court costs under paragraph (c) if
63 the municipality demonstrates by clear and convincing evidence
64 that the denial was based on a good faith, reasonable
65 engineering determination of insufficient capacity.
66 (3)(2) Any private company or corporation organized to
67 accomplish the purposes of set forth in this chapter that, which
68 has been granted a privilege or franchise by a municipality to
69 operate utility services, may allow a municipality or property
70 owner permit the owners or association of owners of lots or
71 lands outside of the boundaries of the granting said
72 municipality granting said privilege or franchise, or other
73 municipality, to connect with and use the utility services
74 operated by the said private company or corporation upon such
75 terms as may be agreed between the said private company or
Page 3 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1075-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1075 2026
76 corporation and the owners or association of owners of said lots
77 or lands or the said municipality or property owner.
78 (4) This section does not prohibit a municipality from
79 imposing reasonable impact fees, connection fees, or
80 infrastructure contributions necessary to fund system expansion
81 required for a new connection.
82 Section 2. This act shall take effect July 1, 2026.
Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions.
hb1075-00
HB 1093
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 1093 COMPANION BILL: SB 1362 (Harrell)
TITLE: Advanced Air Mobility LINKED BILLS: None
SPONSOR(S): Spencer RELATED BILLS: None
Committee References
Economic Infrastructure Ways & Means Transportation & Commerce
Economic Development
Budget
SUMMARY
Effect of the Bill:
The bill contains several provisions related to the advanced air mobility industry, including:
• Creation of sales tax exemptions for electrical vertical takeoff and landing (eVTOL) aircraft, batteries, and
electricity used for eVTOL training operations;
• Authorization for the Florida Department of Transportation (FDOT) to provide funding for vertiports;
• Liability protections for vertiport operators;
• State preemption over specified aspects of vertiport regulation and operations;
• Adoption of a model vertiport siting code by FDOT; and
• Establishment of vertiport demonstration corridors by FDOT.
Fiscal or Economic Impact:
The Revenue Estimating Conference has not yet met to determine the revenue impacts of the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that it may be cited as the “Advanced Air Mobility Competitiveness and Infrastructure Act.”
(Section 1).
The bill creates a sales tax exemption for electric vertical takeoff and landing aircraft (eVTOLS), batteries, and
training devices placed into services for at least 36 months. The bill also creates a sales tax exemption for
electricity used for eVTOL aircraft training operations. (Section 2)
The bill amends Florida law to specifically include vertiports and charging systems as qualifying projects for
funding under public-private partnerships between state and private entities. (Section 3)
The bill authorizes the Florida Department of Transportation (FDOT) to fund all of the project costs of a public or
private vertiport if federal funds are not available. If federal funds are available, FDOT may fund up to 80 percent of
the nonfederal share of the project costs. (Section 5)
The bill provides that a vertiport operator is not liable for personal injury, wrongful death, property damage, or
other economic loss related to acts or omissions in the performance of the vertiport operator’s services unless the
act or omission constitutes gross negligence or willful misconduct. This liability limitation applies only if the
vertiport operator posts and maintains a clearly legible warning sign in a conspicuous location at the vertiport
STORAGE NAME: h1093.EIS
DATE: 1/27/2026
1
HB 1093
which notifies the public of these liability protections. FDOT is required to adopt rules to implement these
provisions. (Section 4)
The bill directs DOT to adopt a model vertiport siting code. 1 The bill requires FDOT to expeditiously approve
vertiports that adopt this code once it is created. The bill also requires FDOT to establish vertiport demonstration
corridors and adopt rules and regulations for coordination with relevant authorities such as the Federal Aviation
Administration (FAA) and local government entities with respect to vertiports. (Sections 6 and 7)
The bill provides that the regulation of vertiport design, aircraft charging, aeronautical operations, and aviation
safety is preempted to the state to ensure consistency with federal standards authorized by the FAA. Local land use
and zoning authority, and reasonable noise compatibility ordinances, that do not effectively prohibit the operation
of advanced mobility aircraft authorized by the FAA are exempt from this preemption. (Section 7)
The bill provides an effective date of July 1, 2026.
RULEMAKING:
The bill requires FDOT to adopt rules to implement the provisions of the bill that provide liability protections for
vertiport operators. The bill also requires FDOT to adopt rules and regulations for coordination with relevant
authorities such as the Federal Aviation Administration (FAA) and local government entities with respect to
vertiports.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference has not yet met to determine the revenue impacts of the bill.
LOCAL GOVERNMENT:
The Revenue Estimating Conference has not yet met to determine the revenue impacts of the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Sales and Use Tax
Florida levies a six percent sales and use tax on the sale or rental of most tangible personal property, 2 admissions, 3
transient rentals, 4 and a limited number of services. Chapter 212, F.S., contains provisions authorizing the levy and
1 “Vertiport” means an area of land, a body of water, or a structure used or intended to be used for the landing, takeoff, and
surface maneuvering of vertical takeoff and landing aircraft, including electric, hybrid, and hydrogen-powered aircraft. The
term includes associated buildings, facilities, and infrastructure necessary for the safe and efficient operation of such aircraft,
including, but not limited to, electric charging and fueling systems, battery thermal management infrastructure, safety areas,
and passenger terminals. (Section 7)
2 S. 212.07(2), F.S.
3 S. 212.04(1)(b), F.S.
4 S. 212.03(1)(a), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1093
collection of Florida’s sales and use tax, as well as exemptions and credits applicable to certain items or uses under
specified circumstances. Sales and use tax is added to the price of a taxable good or service and collected from the
purchaser at the time of sale. 5
Counties are authorized to impose local discretionary sales surtaxes in addition to the state sales tax. 6 A surtax
applies to “all transactions occurring in the county which transactions are subject to the state tax imposed on sales,
use, services, rentals, admissions, and other transactions by [ch. 212, F.S.], and communications services as defined
for purposes of Chapter 202.” 7 The discretionary sales surtax is based on the tax rate imposed by the county where
the taxable goods or services are sold or delivered. 8
Generally, tangible personal property that is sold in an isolated or occasional sale is exempt from the state sales
and use tax. 9 A seller makes an isolated or occasional sale if the sale or series of sales occurs no more than twice
during any 12-month period. 10 A seller is required to register as a dealer if he or she completes more than three
sales of the same type of item during a 12-month period. 11 The sale of mobile homes, aircraft, boats, and motor
vehicles are expressly excluded from the isolated or occasional state sales and use tax exemption. 12
Florida Taxation of Aircraft
Aircraft purchased through a local dealer or broker are taxed as tangible personal property that is subject to a six
percent sales tax at the time of the sale. 13 A discretionary local sales tax on up to the first $5,000 of the purchase
price may also be added to the tax. 14
An aircraft that is sold by a nonregistered dealer or an aircraft that is purchased in another state and brought into
Florida for storage or use is subject to Florida’s six percent use tax. 15
Sales and Use Tax Exemptions for Aircraft
Common Carrier Exemptions: Sales and Lease Tax
Aircraft operated by a common carrier 16 that either have a maximum certified takeoff weight of more than 15,000
pounds, or are deemed “qualified aircraft” are exempt from Florida’s sales and use tax. 17 A “qualified aircraft” is
any aircraft that has a maximum certified takeoff weight of less than 10,000 pounds, is equipped with twin
turbofan engines that meet Stage IV noise requirements, and is used by a business that operates as an on-demand
air carrier which owns or leases a fleet of 25 or more aircraft in Florida. 18 In order to receive this sales and lease
5 S. 212.07(2), F.S.
6 S. 212.055, F.S.
7 S. 212.054(2)(a), F.S.
8 Office of Economic Development and Demographic Research, Florida Tax Handbook, 242-243 (2024), available at
https://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2024.pdf (last visited Jan. 23, 2026).
9 Rule 12A-1.037(1), F.A.C. See also, s. 212.02(2), F.S., defining “business” as activity engaged in by a person with the object of
private or public gain, benefit, or advantage.
10 Rule 12A-1.037(3)(b), F.A.C.
11 Id.
12 See s. 212.05(1)(a)1.b., F.S., and Rule 12A-1.037(2)(a)1., F.A.C.
13 S. 212.05(1), F.S.
14 Florida Department of Revenue (DOR), Form GT-800008, Sales and Use Tax Aircraft Information for Owners and Purchasers
(rev. July, 2023), available at https://floridarevenue.com/Forms_library/current/gt800008.pdf (last visited Jan. 23, 2026). See
also, DOR, Sales and Use Tax Return for Aircraft- Form DR-15AIR (rev. Jan. 2016), available at
https://floridarevenue.com/Forms_library/current/dr15air.pdf (last visited Jan. 23, 2026).
15 S. 212.05(1)(a)(2), F.S. See also, DOR, Form GT-800008.
16 “Common carrier” means an airline operating under Federal Aviation Administration regulations contained in Title 14 of the
Federal Code of Regulations. S. 212.08(7), F.S.
17 S. 212.08(7), F.S.
18 S. 212.02(33), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1093
tax exemption, the qualified aircraft must be offered for use in a flight training and research program at one or
more Florida universities. 19
Aircraft with a 15,000 pound maximum certified takeoff weight are also a qualified aircraft exempt from sales tax. 20
Common Carrier Exemptions: Tax on Repair and Maintenance
Labor charges for the repair and maintenance of qualified aircraft and aircraft that weigh more than 2,000 pounds
maximum certified takeoff weight are exempt from tax under ch. 212, F.S. 21 Similarly, replacement engines, parts,
and equipment used to repair or maintain these aircraft are exempt from the tax imposed under ch. 212, F.S., if the
repair occurs in Florida. 22
To receive these exemptions for a qualified aircraft, a purchaser or lessee must offer, in writing, to participate in a
flight training and research program with at least two Florida Universities that offer graduate programs in
aeronautical or aerospace engineering and that offer flight training through a school of aeronautics or college of
aviation. 23
Fly-Away Exemption
If a nonresident purchases an aircraft in Florida and plans to remove the aircraft from the state, the purchase is
exempt from sales tax pursuant to an exemption commonly referred to as the “fly-away exemption.” 24 However,
the nonresident purchaser must remove the aircraft from Florida within 10 days of its purchase. 25 Additionally, the
aircraft cannot return to Florida for a total of more than 21 days during the six-month period after its date of
purchase or otherwise appropriate departure from the state. 26
The nonresident purchaser must provide the Florida Department of Revenue with proof of transport of the aircraft
out of state and its registration (or application for registration) in a state other than Florida. 27
Aircraft Repair and Maintenance
Labor charges and specific equipment used for the repair and maintenance of qualified aircraft and aircraft of more
than 2,000 pounds maximum certified takeoff weight, including rotary wing aircraft, are exempt from the tax
imposed under ch. 212, F.S. 28
Additionally, nonresident purchasers of aircraft in Florida are exempt from Florida use tax for the duration of the
aircraft’s placement in a Florida registered repair facility for the purpose of repairs, alterations, refitting, or
modification. 29 However, the nonresident aircraft must be removed from Florida within 20 days of completion of
the repairs to maintain this exemption. 30
19 S. 212.0801, F.S.
20 S. 212.08(7), F.S.
21 Id.
22 Id.
23 S. 212.0801, F.S.
24 S. 212.08(7), F.S. and 212.05(1)(a)(2), F.S.
25 S. 212.05(2)(a), F.S.
26 S. 212.08(7), F.S.
27 See, e.g., Rule 12A-1.007(10), F.A.C.
28 S. 212.08(7), F.S.
29 Id.
30 S. 212.05(2)(f), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1093
Advanced Air Mobility
Advanced air mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability. 31
Numerous uses for AAM are being explored, including air taxi, air cargo, or public services. Air taxi uses feature
passenger transportation within and around urban and regional areas, including routes connecting city centers to
airports or to neighboring city centers. Air cargo uses feature cargo transportation supporting the middle-mile of
logistics, generally seen as from the cargo port to the distribution center. Public service uses, such as search and
rescue, disaster relief, and air ambulance operations are other catalysts for innovation in AAM.
FDOT is currently laying the groundwork to build an intercity AAM “Aerial Highway Network” to connect major
metropolitan areas across Florida. 32 In addition to performing research and development at its SunTrax test facility
to accelerate operational viability, FDOT is developing custom curriculums to establish unique requirements for
licensing to safely operate within the AAM Network. 33
SunTrax, located in Polk County, has been designated as the research and development testing hub of the Florida’s
AAM program. 34 Early development phases of vertiport demonstration will consist of a passenger terminal, at-
grade vertiports, access roads with vehicle staging, eVTOL parking positions and charging station, and research
and development hangar. 35
eVTOL Aircraft
The term “electric vertical takeoff and landing (eVTOL) aircraft” is not defined in Florida law. However, the term
eVTOL aircraft generally refers to electric-powered aircraft that vertically take off and land. Similar to a helicopter,
eVTOL aircraft hover and fly and are typically designed to carry two to six people, including a pilot. 36
Vertiports
Generally, a vertiport is an area of land, water, or structure used, or intended to be used, to support the landing,
takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and
performance standards established by the FAA can accommodate. 37
For the purposes of applying to the Florida Department of Commerce for funding to develop vertiports, Florida law
currently defines the term “vertiport” as “a system or infrastructure with supporting services and equipment used
for landing, ground handling, and takeoff of manned or unmanned vertical takeoff and landing (VTOL) aircraft.” 38
31 Federal Aviation Administration, Advanced Air Mobility: Air Taxis, https://www.faa.gov/air-taxis (last visited Jan. 27, 2026).
32 Florida Department of Transportation, From the Ground to the Skies: Florida’s Aerial Highway Network, November 2025.
Available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/aviation/aam/fdot-2025-advanced-
mobility_strategy.pdf?sfvrsn=19eb551c_1 (last visited Jan. 27, 2026).
33 Id.
34 Central Florida Development Council, SunTrax Named Florida’s Home for Advanced Air Mobility, Positioning Polk as
Statewide Innovation Leader, https://www.cfdc.org/suntrax-named-floridas-home-for-advanced-air-mobility-positioning-
polk-as-statewide-innovation-leader/ (last visited Jan. 23, 2026).
35 SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Jan. 23, 2026).
36 Matthew Urwin, Electricity-powered flying taxis are almost ready for liftoff, December 3, 2024, available at:
https://builtin.com/articles/evtol-aircraft (last visited Jan. 23, 2026).
37 Federal Aviation Administration, Advanced Air Mobility Infrastructure,
https://www.faa.gov/airports/new_entrants/aam_infrastructure (last visited Jan. 27, 2026).
38 S. 288.102(d), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 1093
Florida Airport Development and Assistance Act
The Florida Airport Development and Assistance Act (FADAA) 39 provides FDOT with certain statutory duties
regarding aviation development and assistance. These duties include providing financial and technical assistance
to airports 40 and encouraging the maximum allocation of federal funds to local airport projects. 41
For purposes of the FADAA, the term “public-use airport” means any publicly owned airport which is used or to be
used for public purposes. 42 Further, the term “eligible agency” means a political subdivision of the state or an
authority which owns or seeks to develop a public-use airport. 43
FDOT’s annual legislative budget request for aviation and airport development projects is based on the funding
required for development projects in its aviation and airport work program. DOT must prioritize funding to
support the planning, design, and construction of proposed projects by local sponsors, with special emphasis on
projects for runways and taxiways, including the painting and marking of runways and taxiways, lighting, other
related airside activities, and airport access transportation facility projects on airport property. 44
FDOT is authorized to fund certain aviation and airport-related projects, subject to certain requirements and limits
on airport funding from the State Transportation Trust Fund (STTF). Requirements can be based on the airport
type, availability of federal funds, project type, and size of the airport. 45
Public-private Partnerships
Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities 46 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects. 47 These agreements enable the collaboration of skills and assets from both public and
private sectors to provide services or facilities for the benefit of the general public.
Responsible public entities (RPEs) 48 may engage in P3 projects aimed at developing an extensive array of public-
use facilities or projects that fulfill a public purpose. Examples of qualifying projects 49 include those for mass
transit, vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such
as courthouses or city halls. RPEs must adhere to specific requirements, including protocols for reviewing and
approving proposals.
39 S. 332.003-332.007, F.S.
40 S. 332.006(4), F.S.
41 S. 332.006(8), F.S.
42 S. 332.004(14), F.S.
43 S. 332.004(7), F.S.
44 S. 332.007(4)(a), F.S.
45 S. 332.007(7), F.S.
46 “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership,
joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. S. 255.065(1)(g), F.S.
47 S. 255.065(2)(b), F.S.
48 “Responsible public entity” means a county, municipality, school district, special district, or any other political subdivision of
the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or
operate a qualifying project. S. 255.065(1)(j), F.S.
49 “Qualifying project” means a facility or project that serves a public purpose; an improvement, including equipment, of a
building that will be principally used by a public entity or the public at large or that supports a service delivery system in the
public sector; a water, wastewater, or surface water management facility or other related infrastructure; or projects that
involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system,
or projects that involve a facility owned or operated by a municipal electric utility, only those projects that the governing
board designates as qualifying projects. S. 255.065(1)(i), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
HB 1093
Federal Airport Investment Partnership Program
The federal Airport Investment Partnership Program, 50 authorizes private companies to own, manage, lease, and
develop public airports. Public airport sponsors and private operators may jointly manage an airport. The airport
owner or leaseholder may be exempt from repayment of federal grants, return of property acquired with federal
assistance, and the use of proceeds from the airport's sale or lease to be used exclusively for airport purposes. 51
Tort Liability and Negligence
A "tort" is a wrong for which the law provides a remedy. The purpose of tort law is to fairly compensate a person
harmed by another person’s wrongful acts, whether intentional, reckless, or negligent, through a civil action or
other comparable process. A properly-functioning tort system:
• Provides a fair and equitable forum to resolve disputes;
• Appropriately compensates legitimately harmed persons;
• Shifts the loss to responsible parties;
• Provides an incentive to prevent future harm; and
• Deters undesirable behavior. 52
Negligence
"Negligence" is a legal term for a type of tort action that is unintentionally committed. In a negligence action, the
plaintiff is the party that brings the lawsuit, and the defendant is the party that defends against it. To prevail in a
negligence lawsuit, a plaintiff must demonstrate that the:
• Defendant had a legal duty of care requiring the defendant to conform to a certain standard of conduct for
the protection of others, including the plaintiff, against unreasonable risks;
• Defendant breached his or her duty of care by failing to conform to the required standard;
• Defendant’s breach caused the plaintiff’s injury; and
• Plaintiff suffered actual damage or loss resulting from his or her injury. 53
Degrees of Negligence
Courts distinguish varying degrees of civil negligence by using terms such as "slight negligence," "ordinary
negligence," and "gross negligence." Slight negligence is the failure to exercise great care and often applies to
injuries caused by common carriers charged with the duty to exercise the highest degree of care toward their
passengers. 54 Ordinary negligence is the failure to exercise that degree of care which an ordinary prudent person
would exercise; in other words, a course of conduct which a reasonable and prudent person would know might
possibly result in injury to others. 55 Gross negligence is a course of conduct which a reasonable and prudent person
knows would probably and most likely result in injury to another. 56 To prove gross negligence, a plaintiff must
usually show that the defendant had knowledge or awareness of imminent danger to another and acted or failed to
act with a conscious disregard for the consequences. 57 Once proven, gross negligence may support a punitive
damages award. 58Beyond gross negligence are several other degrees of misconduct, such as "recklessness" and
"intentional actions." 59
50 49 U.S.C. s. 47134, the program was previously known as the Airport Privatization Pilot Program.
51 Federal Aviation Administration, Airport Investment Partnership Program, formerly Airport Privatization Pilot Program,
https://www.faa.gov/airports/airport_compliance/privatization (last visit Jan. 23, 2026).
52 Am. Jur. 2d Torts s. 2
53 Florida Practice Series s. 1.1; see Barnett v. Dept. of Financial Services, 303 So. 3d 508 (Fla. 2020)
54 See Faircloth v. Hill, 85 So. 2d 870 (Fla. 1956); see also Holland America Cruises, Inc. v. Underwood, 470 So. 2d 19 (Fla. 2d DCA
1985); Werndli v. Greyhound Corp., 365 So. 2d 177 (Fla. 2d DCA 1978); 6 Florida Practice Series s. 1.2.
55 43 See De Wald v. Quarnstrom, 60 So. 2d 919 (Fla. 1952); see also Clements v. Deeb, 88 So. 2d 505 (Fla. 1956); 6 Florida
Practice Series s. 1.2.
56 See Clements, 88 So. 2d 505; 6 Florida Practice Series s. 1.2.
57 See Carraway v. Revell, 116 So. 2d 16 (Fla. 1959).
58 Punitive damages are awarded in addition to actual damages to punish a defendant for behavior considered especially
harmful. Florida generally caps punitive damage awards at $500,000 or triple the value of compensatory damages, whichever
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
HB 1093
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. 60
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred. 61 Express preemption of a field by the Legislature must be
accomplished by clear language stating that intent. 62 In cases where the Legislature expressly or specifically
preempts an area, there is no problem with ascertaining what the Legislature intended. 63 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. 64
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Dallas
Subcommittee
Ways & Means Committee
Transportation & Economic
Development Budget
Subcommittee
Commerce Committee
is greater, and caps cases of intentional misconduct with a financial motivation at two million dollars or four times the amount
of compensatory damages, whichever is greater. S. 768.73(1), F.S.
59 See Glaab v. Caudill, 236 So. 2d 180 (Fla. 2d DCA 1970); 6 Florida Practice Series s. 1.2; s. 768.72(2), F.S.
60 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 Jan. 25, 2026).
61 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).
62 Mulligan, 934 So. 2d at 1243.
63 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
64 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
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 1093 2026
1 A bill to be entitled
2 An act relating to advanced air mobility; providing a
3 short title; amending s. 212.08, F.S.; providing an
4 exemption from the sales and use tax for electric
5 vertical takeoff and landing aircraft and related
6 items; amending s. 255.065, F.S.; revising the
7 definition of the term "qualifying project"; creating
8 s. 330.412, F.S.; defining the term "vertiport";
9 providing immunity from liability for certain
10 vertiport operators; providing applicability;
11 requiring the Department of Transportation to adopt
12 rules; amending s. 332.007, F.S.; revising the
13 definition of the term "airport infrastructure";
14 authorizing the department to fund up to specified
15 percentages of vertiport project costs; amending s.
16 332.15, F.S.; providing requirements for the
17 department; creating s. 332.151, F.S.; defining the
18 term "vertiport"; requiring the department to
19 expeditiously approve certain vertiports; preempting
20 the regulation of vertiport design, aeronautical
21 operations, and aviation safety to this state;
22 providing exceptions; preempting the regulation of
23 electric aircraft charging stations and associated
24 infrastructure to this state; prohibiting a local
25 governmental entity from enacting or enforcing certain
Page 1 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
26 ordinances and regulations; providing requirements for
27 local governmental entities; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. This act may be cited as the "Advanced Air
33 Mobility Competitiveness and Infrastructure Act."
34 Section 2. Paragraph (ffff) is added to subsection (7) of
35 section 212.08, Florida Statutes, to read:
36 212.08 Sales, rental, use, consumption, distribution, and
37 storage tax; specified exemptions.—The sale at retail, the
38 rental, the use, the consumption, the distribution, and the
39 storage to be used or consumed in this state of the following
40 are hereby specifically exempt from the tax imposed by this
41 chapter.
42 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
43 entity by this chapter do not inure to any transaction that is
44 otherwise taxable under this chapter when payment is made by a
45 representative or employee of the entity by any means,
46 including, but not limited to, cash, check, or credit card, even
47 when that representative or employee is subsequently reimbursed
48 by the entity. In addition, exemptions provided to any entity by
49 this subsection do not inure to any transaction that is
50 otherwise taxable under this chapter unless the entity has
Page 2 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
51 obtained a sales tax exemption certificate from the department
52 or the entity obtains or provides other documentation as
53 required by the department. Eligible purchases or leases made
54 with such a certificate must be in strict compliance with this
55 subsection and departmental rules, and any person who makes an
56 exempt purchase with a certificate that is not in strict
57 compliance with this subsection and the rules is liable for and
58 shall pay the tax. The department may adopt rules to administer
59 this subsection.
60 (ffff) Electric vertical takeoff and landing aircraft and
61 related items.—The sale of the following is exempt from the tax
62 imposed by this chapter:
63 1. Electric vertical takeoff and landing aircraft,
64 batteries, and training devices placed into service for at least
65 36 months.
66 2. Electricity used for electric vertical takeoff and
67 landing aircraft training operations.
68 Section 3. Paragraph (i) of subsection (1) of section
69 255.065, Florida Statutes, is amended to read:
70 255.065 Public-private partnerships.—
71 (1) DEFINITIONS.—As used in this section, the term:
72 (i) "Qualifying project" means:
73 1. A facility or project that serves a public purpose,
74 including, but not limited to, any ferry or mass transit
75 facility, vehicle parking facility, airport or seaport facility,
Page 3 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
76 rail facility or project, fuel supply facility, oil or gas
77 pipeline, medical or nursing care facility, recreational
78 facility, sporting or cultural facility, or educational facility
79 or other building or facility that is used or will be used by a
80 public educational institution, or any other public facility or
81 infrastructure that is used or will be used by the public at
82 large or in support of an accepted public purpose or activity;
83 2. An improvement, including equipment, of a building that
84 will be principally used by a public entity or the public at
85 large or that supports a service delivery system in the public
86 sector;
87 3. A water, wastewater, or surface water management
88 facility or other related infrastructure; or
89 4. Notwithstanding any provision of this section, for
90 projects that involve a facility owned or operated by the
91 governing board of a county, district, or municipal hospital or
92 health care system, or projects that involve a facility owned or
93 operated by a municipal electric utility, only those projects
94 that the governing board designates as qualifying projects
95 pursuant to this section; or
96 5. Vertiports and charging systems.
97 Section 4. Section 330.412, Florida Statutes, is created
98 to read:
99 330.412 Limitation of liability for certain public or
100 private vertiport operators.—
Page 4 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
101 (1) For purposes of this section, the term "vertiport" has
102 the same meaning as in s. 332.151(1).
103 (2) A vertiport operator is not liable for any personal
104 injury, wrongful death, property damage, or other economic loss
105 related to his or her acts or omissions in the performance of
106 his or her services unless the act or omission constituted gross
107 negligence or willful misconduct.
108 (3) The limitation of liability provided in subsection (2)
109 applies only if the vertiport operator posts and maintains a
110 clearly legible warning sign in a conspicuous location at the
111 vertiport which notifies the public of the liability protections
112 afforded under this section.
113 (4) The Department of Transportation shall adopt rules to
114 implement this section.
115 Section 5. Paragraph (c) of subsection (2) of section
116 332.007, Florida Statutes, is amended, and paragraph (e) is
117 added to subsection (6) of that section, to read:
118 332.007 Administration and financing of aviation and
119 airport programs and projects; state plan.—
120 (2)
121 (c) Each commercial service airport as defined in s.
122 332.0075 shall establish and maintain a comprehensive airport
123 infrastructure program to ensure the ongoing preservation of
124 airport infrastructure and facilities in safe and serviceable
125 condition. For purposes of this paragraph, the term "airport
Page 5 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
126 infrastructure" means the facilities, systems, and structural
127 components of an airport necessary for the safe and efficient
128 movement of people and goods. The term includes vertiport pads,
129 safety zones, charging systems, grid upgrades, and resilience
130 energy systems. Beginning November 1, 2025, and annually
131 thereafter, each commercial service airport shall provide a
132 certification to the department, in a manner prescribed by the
133 department, that it has established and maintains a
134 comprehensive airport infrastructure program. The comprehensive
135 airport infrastructure program report, and related documents and
136 records, must be open to inspection by the department and
137 maintained by the airport for at least 5 years. The
138 comprehensive airport infrastructure program must, at a minimum,
139 include all of the following:
140 1. Identification of airport infrastructure subject to
141 inspection and the schedule for the completion of such
142 inspections, taking into consideration the age, type, intended
143 use, and criticality of the infrastructure to undisrupted
144 commercial or cargo operations.
145 2. A preventative maintenance program for routine
146 maintenance of airport infrastructure, for both commercial and
147 cargo operations.
148 3. A plan to complete any necessary repairs to, or
149 rehabilitation or reconstruction of, airport infrastructure,
150 including prioritization and anticipated timeframe for
Page 6 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
151 completion of the work.
152 4. A progress report of inspections and their outcomes,
153 preventative maintenance, and previously identified repair to,
154 or rehabilitation or reconstruction of, airport infrastructure.
155 The progress report must include any changes in timeline for
156 completion, changes in cost estimates, and reasons any
157 inspection, preventative maintenance, or repair or
158 rehabilitation did not take place.
159 (6) Subject to the availability of appropriated funds, the
160 department may participate in the capital cost of eligible
161 public-use airport and aviation development projects in
162 accordance with the following rates, unless otherwise provided
163 in the General Appropriations Act or the substantive bill
164 implementing the General Appropriations Act:
165 (e) When federal funds are not available, the department
166 may fund up to 100 percent of the project costs of a public or
167 private vertiport. If federal funds are available, the
168 department may fund up to 80 percent of the nonfederal share of
169 such project costs.
170 Section 6. Subsection (5) is added to section 332.15,
171 Florida Statutes, to read:
172 332.15 Advanced air mobility.—The Department of
173 Transportation shall:
174 (5) Create a model vertiport siting code, establish
175 vertiport demonstration corridors, and adopt rules and
Page 7 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
176 regulations for coordination among the department, the Federal
177 Aviation Administration, and local governmental entities with
178 respect to vertiports.
179 Section 7. Section 332.151, Florida Statutes, is created
180 to read:
181 332.151 Vertiport siting; preemption.—
182 (1) The term "vertiport" means an area of land, a body of
183 water, or a structure used or intended to be used for the
184 landing, takeoff, and surface maneuvering of vertical takeoff
185 and landing aircraft, including electric, hybrid, and hydrogen-
186 powered aircraft. The term includes associated buildings,
187 facilities, and infrastructure necessary for the safe and
188 efficient operation of such aircraft, including, but not limited
189 to, electric charging and fueling systems, battery thermal
190 management infrastructure, safety areas, and passenger
191 terminals.
192 (2) The Department of Transportation shall expeditiously
193 approve vertiports adopting the model vertiport siting code
194 created pursuant to s. 332.15(5).
195 (3) The regulation of vertiport design, aeronautical
196 operations, and aviation safety is preempted to this state to
197 ensure consistency with federal regulations. This subsection
198 does not apply to local land use and zoning authority, or to
199 reasonable noise compatibility ordinances, provided such local
200 regulations do not effectively prohibit the operation of
Page 8 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1093 2026
201 advanced air mobility aircraft authorized by the Federal
202 Aviation Administration.
203 (4)(a) The regulation of electric aircraft charging
204 stations and associated infrastructure is preempted to this
205 state.
206 (b) A local governmental entity may not enact or enforce
207 an ordinance or regulation related to the design, construction,
208 or installation of electric aircraft charging stations.
209 (c) Local governmental entities shall issue any required
210 building permits for electric aircraft charging stations based
211 solely upon compliance with the standards established by the
212 Department of Transportation under s. 332.15(5).
213 (d) If a local governmental entity does not approve or
214 deny a permit application for an electric aircraft charging
215 station within 15 business days after receipt of a complete
216 application, the application shall be deemed approved.
217 Section 8. This act shall take effect July 1, 2026.
Page 9 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb1093-00
Economic Infrastructure Subcommittee
HB 1093 by Rep. Spencer
Advanced Air Mobility
AMENDMENT SUMMARY
January 28, 2026
Amendment #242847 by Rep. McFarland (line 99):
• Provides that vertiports that are collocated with a public airport are entitled to
sovereign immunity to the same extent as a public airport operator.
• Provides for future legislative review and repeal of the bill’s liability immunity
provisions.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1093 (2026)
Amendment No.
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 McFarland offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 99-114 and insert:
7 330.412 Limitation of liability for certain public
8 vertiport operators.—
9 (1) For purposes of this section, the term "vertiport" has
10 the same meaning as in s. 332.151(1).
11 (2) For vertiports that are colocated with a public
12 airport, the vertiport operator shall be considered an agency or
13 subdivision of this state for purposes of s. 768.28 and is
14 entitled to sovereign immunity to the same extent as a public
15 airport operator.
242847 - h1093-line 99.docx
Published On: 1/27/2026 5:32:09 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1093 (2026)
Amendment No.
16 (3) This section expires July 1, 2036, unless reviewed and
17 saved from repeal through reenactment by the Legislature.
18
19 -----------------------------------------------------
20 T I T L E A M E N D M E N T
21 Remove lines 9-12 and insert:
22 providing sovereign immunity for certain vertiport
23 operators; providing for future legislative review and
24 repeal; amending s. 332.007, F.S.; revising the
242847 - h1093-line 99.docx
Published On: 1/27/2026 5:32:09 PM
Page 2 of 2
HB 1461
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 1461 COMPANION BILL: SB 1696 (McClain)
TITLE: Advanced Nuclear Reactors LINKED BILLS: None
SPONSOR(S): Miller and Gentry RELATED BILLS: None
Committee References
Economic Infrastructure Budget Commerce
SUMMARY
Effect of the Bill:
The bill authorizes the Florida Public Service Commission (PSC) to regulate advanced nuclear reactors (ANRs) and
related nuclear materials, and addresses several areas of state policy related to the promotion and development of
energy resources. Specifically, the bill:
Requires the PSC to regulate ANRs, the possession and use of nuclear materials, and safety and construction
standards for the development and operation of ANRs.
Requires the PSC, the Florida Department of Health (FDOH), and the Florida Department of Environmental
Protection (FDEP) to jointly establish criteria for the certification of laboratories that use nuclear materials
for developing technology for nuclear power plants.
Authorizes, subject to certain conditions, the possession of nuclear materials for the research, design,
testing, construction, and operation of ANRs.
Includes the promotion of nuclear resources as a consideration in Florida’s energy policy, electric utility
planning, and the PSC’s determination of need for new electrical power plants.
Provides that an entity producing electricity from an off-grid ANR for consumption by a single customer is
not considered a public utility subject to the PSC’s jurisdiction.
Provides that ANRs are not subject to the Power Plant Siting Act, under certain conditions.
Fiscal or Economic Impact:
The bill appears to have a negative impact on state government expenditures. The PSC will be required to expend
resources to implement its new responsibilities under the bill. The bill may encourage the development of new
ANRs in Florida.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several areas of state policy related to nuclear energy promotion and development, utility
regulation, and the regulation of nuclear power plants and nuclear materials.
Nuclear Regulation
The bill grants the Florida Public Service Commission (PSC) sole authority to regulate advanced nuclear reactors
(ANRs) in this state and requires the PSC to do the following, at a minimum:
Evaluate and approve designs for ANRs.
Issue permits for the possession, transportation, transfer, and use of nuclear materials in sufficient
quantities to facilitate ANR research, design, testing, construction, and operation.
Prescribe safety and construction standards for the use of nuclear materials in the development and
operation of ANRs. (Section 1)
STORAGE NAME: h1461.EIS
DATE: 1/26/2026
1
HB 1461
The bill defines the term “advanced nuclear reactor” to mean a nuclear fusion1 reactor, or a nuclear fission2 reactor
that uses new or significantly improved designs compared to commercial nuclear reactors in operation as of
January 1, 2021, including improvements such as:
Inherent or passive safety features;
Lower waste yields;
Improved fuel performance or efficiency;
Significantly improved designs, materials, fuels, or cooling systems;
Reduced consumption of cooling water and other environmental impacts; or
Flexibility in operational output or ability to integrate into electric or nonelectric applications. (Section 1)
The bill requires the PSC, the Florida Department of Health (FDOH), and the Florida Department of Environmental
Protection (FDEP) to jointly establish criteria for the certification of laboratories that use nuclear materials for the
purpose of researching, designing, testing, or otherwise developing technology for nuclear power plants as
provided in the bill. (Section 1)
The bill authorizes a person, corporation, or entity to possess nuclear materials for the research, design, testing,
construction, and operation of ANRs. However, the bill prohibits the possession of nuclear materials in quantities
that pose a danger to national defense and security or public health and safety, except for active military personnel
or contractors acting pursuant to a lawful military order. (Section 1)
The bill requires an ANR research facility operator to obtain a permit from the PSC for the use and storage of
nuclear materials for the purpose of research and testing. The bill also requires a permit for the transfer, receipt,
possession, use, or disposal of nuclear materials relating to the operation of ANRs. Before issuing such permits, the
PSC must determine that the facility or reactor is equipped with radiation control devices that will abate or prevent
radiological contamination in compliance with the standards and rules established under the bill. (Section 1)
The bill requires any construction or significant design modification of an ANR to be certified by the PSC before
such construction or modification may begin. Such construction or significant design modification must include
radiation control devices that will abate or prevent radiological contamination in compliance with the standards
and rules established under the bill. The bill requires the PSC, before issuing such a certification, to consider, at a
minimum, all of the following:
The extent to which the design will effectively mitigate and prevent danger to the public health and safety.
The compliance of the design with the safety standards prescribed by the commission.
The ability of the design to address known or reasonably foreseeable risks, including system failures,
accidents, natural disasters, and extreme weather events.
The completeness and accuracy of engineering calculations and testing data for the design.
The ability of the design to promote the efficient and sustainable use of water and other natural resources.
(Section 1)
The bill provides that the PSC may grant a reciprocal permit or certification to applicants who receive a permit or
certification from another state or federal agency, provided the safety standards of the other jurisdiction are no
less stringent than the standards and rules established under the bill. (Section 1)
The bill establishes a civil penalty of up to $100,000 per day for any violation of the provisions of the bill or rules
adopted under the bill, with a maximum penalty of $1 million for any related series of violations. (Section 1)
1 “Fusion” occurs when two atoms slam together to form a heavier atom, like when two hydrogen atoms fuse to form one
helium atom, creating huge amounts of energy without producing highly radioactive byproducts. See U.S. Dep’t of Energy
(USDOE), Fission and Fusion: What is the Difference?, https://www.energy.gov/ne/articles/fission-and-fusion-what-difference
(last visited Jan. 26, 2026).
2 “Fission” occurs when a neutron collides with a larger atom, forcing it to excite and split into two smaller atoms, releasing a
tremendous about of energy. Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1461
The bill requires the PSC, after consultation with FDOH and FDEP, to adopt rules to implement the provisions of the
bill related to the regulation of nuclear material and certification of nuclear facilities. In developing the rules, the
PSC must refer to the provisions of law and agency rules adopted under ch. 403, part II, F.S., which includes the
Florida Electrical Power Plant Siting Act (PPSA),3 the Florida Electric Transmission Siting Act,4 and the PSC’s
determination of need for electrical power plants.5
Energy Policy and Utility Regulation
Energy Policy
The bill amends Florida’s state energy policy6 to provide that it is the state’s policy to encourage the research,
development, demonstration, and application of domestic advanced nuclear energy resources. (Section 5)
The bill further provides that it is the intent of the Legislature to promote the development of clean energy and
protect the economic viability of Florida’s existing clean energy and protect the economic viability of Florida’s
existing clean energy facilities. The bill defines “clean energy” to mean energy produced by nuclear reactors as well
as renewable energy and renewable natural gas. The bill also requires all electric utilities to develop standards for
the promotion, encouragement, and expansion of the use of clean energy resources, and to file an annual report
with the PSC identifying such standards. (Section 4)
Ten-year Site Plans
The bill requires the PSC, in reviewing whether a utility’s ten-year site plan is suitable, to consider:
The amount of nuclear energy resources the utility produces or purchases.
The amount of nuclear energy resources the utility plans to produce or purchase over the 10-year planning
horizon and the means by which the production or purchases will be achieved. (Section 2)
Utility Regulation
The bill provides that an entity other than an electric utility7 that produces electricity from an ANR is not
considered a public utility subject to the ratemaking jurisdiction and monopoly territory protection of the PSC,
provided that the ANR:
Is not interconnected to the state’s electrical power grid.
Produces electricity for consumption by a single consumer. (Section 3)
Power Plant Siting
The bill provides that the PPSA does not apply to the following, unless the applicant elects to apply for certification
under the act:
Capacity expansions of 75 megawatts or less, in the aggregate, of one or more ANRs installed within the
boundaries of an electrical power plant site previously certified under the act.
One or more ANRs to be located within the boundaries of an electrical power plant site previously certified
under this act, provided that:
o The ANR or ANRs are intended to replace an existing electrical power plant located on the site.
o The certificate holder intends to retire the existing electrical power plant from service.
o The gross capacity of the ANR or ANRs, in the aggregate, does not exceed the gross capacity of the
electrical power plant to be retired.
3 Ss. 403.501-403.518, F.S., are known collectively as the “Florida Electrical Power Plant Siting Act.”
4 Ss. 403.52-403.5365, F.S., are known collectively as the “Florida Electric Transmission Line Siting Act.”
5 Ss. 403.519 and 403.537, F.S., address the PSC’s determination of need for electrical power plants and electric transmission
lines, respectively.
6 S. 377.601, F.S.
7 Florida law defines the term “electric utility” to mean any municipal electric utility, investor-owned electric utility, or rural
electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the
state. S. 366.02(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1461
One or more ANRs that are not interconnected to the state's electrical power grid and that are owned and
operated by a non-utility entity for purposes of producing power for its own consumption or for use by a
single consumer of electrical power. (Section 6)
The bill requires the PSC, in making a determination of need for an electrical power plant subject to the PPSA, to
take into account whether nuclear resources are used to the extent available. The bill removes the requirement
that the PSC take into consideration the use of renewable energy resources and technologies. (Section 7)
The bill provides an effective date of July 1, 2026. (Section 8)
RULEMAKING:
The bill requires the PSC, FDOH, and FDEP to jointly establish criteria for the certification of laboratories that use
nuclear materials for the purpose of researching, designing, testing, or otherwise developing technology for
nuclear power plants as provided in the bill.
The bill requires the PSC to adopt rules to implement the provisions of the bill related to the regulation of nuclear
material and certification of nuclear facilities.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill appears to have a negative impact on state government expenditures. The PSC will be required to expend
resources to implement its new responsibilities under the bill.
PRIVATE SECTOR:
The bill may encourage the development of new ANRs in Florida.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Regulation of Nuclear Energy and Nuclear Material
Nuclear Regulation in the US
The United States federal government maintained a complete monopoly on the use, control, and ownership of
nuclear technology until 1954 when, through passage of the Atomic Energy Act of 1954 (AEA), it authorized
private development of nuclear technology for peaceful purposes, such as nuclear power for generating electricity.8
In the AEA, Congress declared that the development, use, and control of atomic energy shall be directed toward
two primary purposes: first, “to make the maximum contribution to the general welfare, subject at all times to the
paramount objective of making the maximum contribution to the common defense”; and second, “to promote
world peace, improve the general welfare, increase the standard of living, and strengthen free competition in
private enterprise and security.”9
8 Jason O. Heflin, Congressional Research Service (CRS), State Authority to Regulate Nuclear Power: Federal Preemption Under
the Atomic Energy Act (AEA), Nov. 1, 2023, at page 4, available at
https://www.congress.gov/crs_external_products/R/PDF/R41984/R41984.7.pdf (last visited Jan. 24, 2026).
9 See Atomic Energy Act of 1954, 42 U.S.C. § 2011, et seq. (2024).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1461
The AEA created the Atomic Energy Commission (AEC), which exercised exclusive jurisdiction over the license,
transfer, delivery, acquisition, possession, and use of all nuclear materials, but left to the states the established
jurisdiction over the generation, sale, or transmission of electric power.10
In 1959, Congress amended the AEA to expand state-level jurisdiction over certain nuclear materials and nuclear
power.11 Under the amended AEA, the AEC could enter into agreements with states to relinquish regulatory
authority over certain nuclear materials not capable of creating, and materials not in quantities sufficient to create,
a nuclear chain reaction.12 Agreement States13 were permitted to assert increased regulatory authority in limited
circumstances and with permission from the AEC. However, the amended AEA explicitly retained to the AEC
jurisdiction over the construction and operation of nuclear power plants as well as the disposal of certain nuclear
materials deemed by the AEC potentially hazardous.14 Additionally, the AEA continued to allow states to regulate
power generation and activities for purposes other than protection against radiation hazards.15
U.S. Nuclear Regulatory Commission (NRC)
In 1974, the AEC was replaced by its successor agency, the U.S. Nuclear Regulatory Commission (NRC).16 The NRC
is tasked to ensure the safe use of radioactive materials for beneficial civilian purposes while protecting people and
the environment.17 Its mission is to protect public health and safety and advance the nation’s common defense and
security by enabling the safe and secure use and deployment of civilian nuclear energy technologies and
radioactive materials through efficient and reliable licensing, oversight, and regulation for the benefit of society
and the environment.18 The NRC’s regulatory jurisdiction extends to three primary areas:
Reactors: Commercial nuclear power plants for generating electric power and research and test reactors
used for research, testing, and training.
Materials: Uses of nuclear material in medical, industrial, and academic settings and facilities that produce
nuclear fuel.
Waste: Transportation, storage, and disposal of nuclear materials and waste, and decommissioning of
nuclear facilities from service.19
The NRC’s primary responsibility is to protect the health and safety of the public.20 Its regulatory functions include
establishing standards and regulations, issuing licenses for nuclear facilities and users of nuclear materials, and
inspecting facilities and users of nuclear materials to ensure compliance with its requirements.21
10 Id.
11 CRS, State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act (AEA), supra note 8, at page
4.
12Id.
13 States that enter an agreement under the AEA to take regulatory jurisdiction over certain nuclear materials are known as
“Agreement States.” Florida law defines the term “agreement state” in s. 404.031(2), F.S., to mean any state which has
consummated an agreement with the NRC under the authority of s. 274 of the Atomic Energy Act of 1954, as amended, as
authorized by compatible state legislation providing for acceptance by that state of licensing authority for agreement materials
and the discontinuance of such activities by the NRC.
14 CRS, State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act (AEA), supra note 8, at page
5.
15 Id.
16 Nuclear Regulatory Commission (NRC), About NRC, https://www.nrc.gov/about-nrc (last visited Jan. 24, 2026).
17 Id.
18 Id.
19 Id.
20 NRC, NRC—Independent Regulator of Nuclear Safety, https://www.nrc.gov/reading-rm/doc-
collections/nuregs/brochures/br0164/index (last visited Jan 24, 2026).
21 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 1461
Nuclear Materials
The AEA distinguishes between different categories of nuclear material for regulatory purposes, including special
nuclear material, source material, byproduct material, and radium. Congress included in the AEA a clause that
states:
Source and special nuclear material, production facilities, and utilization facilities are affected with
the public interest, and regulation by the United States of the production and utilization of atomic
energy and of the facilities used in connection therewith is necessary in the national interest to
assure the common defense and security and to protect the health and safety of the public.22
Special nuclear material (SNM) includes plutonium, uranium-233, and uranium enriched in the isotopes uranium-
233 or uranium-235.23 SNMs do not occur naturally but are produced by the irradiation of certain nuclear material
in nuclear reactors and could be extracted from used nuclear fuel by chemical separation.24 SNM is only mildly
radioactive, but it includes certain isotopes that, in concentrated form, could be used as the primary ingredients of
nuclear explosives. These materials, in amounts greater than formula quantities, are defined as "strategic special
nuclear material" (SSNM).25
Source material includes most uranium and thorium ores and product resulting from the mining and milling
processes.26 Source material can also be generated as a side product during the refining of ores mined for other
precious metals.27 Source material is used for a variety of private commercial applications, including as fuel for
nuclear reactors, production of metals used to make capacitors for electronic devices, and the manufacture of
certain industrial and military products.28 One source material, natural uranium, contains uranium-235, a material
that can be concentrated (enriched) to make highly enriched uranium, the primary ingredient of some nuclear
explosive designs.29
Byproduct materials include various materials, some of which are regulated and some exempt from regulation, and
can be used for a variety of applications, including commercial, medical, and research activity.30 Under the AEA,
Agreement States can exercise regulatory authority over byproduct material, but the NRC retains authority in
other states.31
NRC Agreement State Program
The AEA allows states to establish regulatory programs to assume authority to license and regulate byproduct
materials (radioisotopes), source materials (uranium and thorium), and certain quantities of special nuclear
materials.32 To transfer authority to a state, the AEA requires an agreement signed by the Governor of the state and
the Chairman of the NRC.33
As part of its regulatory oversight of Agreement States, the NRC conducts training courses and workshops,
evaluates technical licensing and inspection issues, evaluates state rule changes, and provides early and
substantive involvement of the states in NRC rulemaking and other regulatory efforts.34 The NRC also coordinates
22 NRC, Special Nuclear Material, https://www.nrc.gov/materials/types/sp-nucmaterials (last visited Jan. 24, 2026).
23 Id.
24 Id.
25 Id.
26 NRC, Source Material, https://www.nrc.gov/materials/types/srcmaterial (last visited Jan. 24, 2026).
27 Id.
28 Id.
29 Id.
30 NRC, Byproduct Material, https://www.nrc.gov/materials/types/byproduct-mat (last visited Jan. 24, 2026).
31 Id.
32 NRC, Agreement State Program, https://www.nrc.gov/about-nrc/state-tribal/agreement-states (last visited Jan. 24, 2026).
33 Id.
34 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
HB 1461
with Agreement States the reporting of event information and responses to allegations reported to NRC involving
Agreement States.35
Florida became an Agreement State in 1964.36 The FDOH’s Bureau of Radiation Control is the primary state office
that administers the Agreement State program in Florida and oversees the licensing and control of nuclear
materials and facilities.37 The Florida Division of Emergency Management implements NRC directives with respect
to radiological emergencies.38 In its last periodic review of Florida’s Agreement State program, the NRC found
Florida’s performance to be adequate to protect public health and safety but not compatible with the NRC’s
program due in part to delayed implementation of recent NRC requirements.39
Recent Federal Activity to Promote Nuclear Energy
More recently, the AEA was amended again in 2024 when Congress passed the “Accelerating Deployment of
Versatile, Advanced Nuclear for Clean Energy Act of 2024,” also known as the “ADVANCE Act.”40 The ADVANCE Act
revised the NRC’s mission and responsibilities to prioritize regulatory efficiency and to support the development of
nuclear energy in several ways, including decreasing licensing application fees for advanced reactors, increasing
staffing for NRC reviews, providing for prize awards for deployment, and eliminating costs associated with pre-
application activities and early site permits at U.S. Department of Energy (USDOE) sites.41 The ADVANCE Act also
requires 25-month deadlines for NRC license issuance after receiving an application, requires the NRC to develop
guidance to license and regulate microreactor designs, and increases permitting speed for certain sites.42
In 2025, President Donald J. Trump issued Executive Orders directed toward reforming nuclear energy policy on
the federal level:
Executive Order 14299: Deploying Advanced Nuclear Reactor Technologies for National Security:
o This order established a comprehensive national security policy focused on accelerating the
development, deployment, and export of U.S.-designed advanced nuclear technologies. The policy
aims to ensure rapid development and deployment of advanced nuclear technologies to support
national security objectives, enable private sector investment and innovation, and coordinate
regulatory efforts across the U.S. Department of War and the USDOE.
Executive Order 14300: Ordering the Reform of the Nuclear Regulatory Commission:
o This order initiated a comprehensive reform of the NRC with a goal of deploying new nuclear
reactor technologies and expanding U.S. nuclear energy capacity from approximately 100 GW in
2024 to 400 GW by 2050. The order directed the NRC to undergo significant structural and
operational reforms, including reorganization, potential reductions in its workforce, and a
wholesale revision of regulations and guidance documents to be completed by November of 2026.
35 Id.
36 See U.S. Atomic Energy Commission, Agreement Between the Atomic Energy Commission and the State of Florida,
Discontinuance of Certain Commission Regulatory Authority and Responsibility Within the State, available at
https://bmswnrcgovsamediaprd.blob.core.windows.net/prd/libraries/media/nrcweb/nmss/pdf/flagreements.pdf (last
visited Jan, 24, 2026); see also s. 404.061(1), F.S. (authorizing the Governor to enter into agreements with the Federal
Government which provide for the assumption by certain responsibilities with respect to sources of ionizing radiation).
37 NRC, Florida: Agreement State Information, https://www.nrc.gov/agreement-states/florida (last visited Jan. 26, 2026).
38 S. 252.60, F.S.
39 NRC, Integrated Materials Performance Evaluation Program Review of the Florida Agreement State Program: Final Report,
June 12-16, 2023, available at https://www.nrc.gov/docs/ML2328/ML23289A168.pdf (last visited Jan. 26, 2026). In its
review, the NRC found Florida’s performance satisfactory for Technical Staffing and Training, Status of Materials Inspection
Program, Technical Quality of Inspections, Technical Quality of Licensing Actions, Technical Quality of Incidents and Allegation
Activities, and Sealed Source and Device Evaluation; but found it unsatisfactory for Legislation, Regulations, and other
Program Elements.
40 Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, Pub. L. No. 118-67, 118th Cong. (July
9, 2024).
41 PSC, Advanced Nuclear Power Feasibility Report, Mar. 31, 2025, at page 47, available at
https://www.floridapsc.com/pscfiles/website-
files//PDF/Home/Advanced%20Nuclear%20Power%20Feasibility%20Report.pdf (last visited Jan. 26, 2026).
42 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
HB 1461
The order redefined the NRC's mission to include facilitating nuclear power while ensuring reactor
safety and required the NRC to consider the benefits of nuclear power to economic and national
security alongside traditional safety, health, and environmental considerations.
Executive Order 14301: Reforming Nuclear Reactor Testing at the Department of Energy:
o This order sought to reform nuclear reactor testing at the USDOE and accelerate the development
of advanced nuclear technologies for domestic production. The order established a comprehensive
framework to expedite the review, approval, and deployment of advanced reactors within the
USDOE's jurisdiction. The order also mandated environmental review reforms under the National
Environmental Policy Act (NEPA) and directed the use of all available authorities to eliminate or
expedite environmental reviews for various permits and approvals.
Executive Order 14302: Reinvigorating the Nuclear Industrial Base:
o This order aimed to reinvigorate America's nuclear energy industrial base in an effort to ensure
national and economic security. The order established a comprehensive policy to expedite and
promote nuclear energy production and operation to provide affordable, reliable, safe, and secure
energy to the American people. It also aimed to power ANR technologies and build associated
supply chains that secure global industrial and digital dominance, while achieving energy
independence. The order required the U.S. Secretary of Energy to develop plans for expanding
domestic uranium conversion and enrichment capabilities and prioritized work with the nuclear
industry to facilitate 5 gigawatts of power uprates to existing reactors and have 10 new large
reactors under construction by 2030.43
Preemption in Nuclear Regulation
The legal doctrine of preemption is derived from the constitutional principle that federal law takes precedence
over inconsistent state law. The “Supremacy Clause” of the U.S. Constitution states: “[t]his Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the supreme Law of the Land.”44 Thus, a federal law will prevail
over an inconsistent state law. However, a state law need not be utterly incompatible with federal law in order to
be preempted.45 Courts interpret the Supremacy Clause to conclude that where Congress has expressed an intent to
displace state authority within a given subject matter by establishing exclusive federal authority, state action in the
field is thereby preempted.46
While courts have recognized the AEA to grant the NRC exclusive authority over radiological safety related to the
construction and operation of nuclear power plants, the precise extent of preemption over state law is unclear.47
Some states have sought to assert authority over nuclear power production by directing laws at the initial
determination of whether a need for nuclear power exists or whether nuclear power is economically feasible.48
Texas, et al. v. NRC
One recent attempt to clarify the precise boundary of federal-state authority is a lawsuit49 filed on December 30,
2024, against the NRC by various states and private industry entities.50 The state of Florida joined the lawsuit on
April 7, 2025.51 The lawsuit alleges that certain ANRs fall outside the scope of the NRC’s original authority, and that
43 PSC, Advanced Nuclear Update, at pages 1-2, available at https://www.floridapsc.com/pscfiles/website-
files//PDF/Home/AdvancedNuclearUpdate.pdf (last visited Jan. 16, 2026). See also The White House, Executive Orders,
https://www.whitehouse.gov/presidential-actions/executive-orders (last visited Jan. 26, 2026).
44 U.S. Const. art. VI, cl. 2.
45 CRS, State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act (AEA), supra note 8, at page
2.
46 Id.
47 Id. at 12.
48 Id.
49 Texas v. NRC, Case No. 6:24-cv-00507-JDK (E.D. Tex.).
50 PSC, Advanced Nuclear Update, supra note 43, at page 8.
51 Id. at 9.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
HB 1461
by requiring smaller, less hazardous reactors to comply with the same regulations as traditional reactors, the NRC
has overstepped its jurisdiction.52 After issuance of the Trump administration’s executive orders supporting
nuclear energy, the court granted a stay to permit the parties to discuss a potential path forward without further
litigation.53 That case is still pending.
Advanced Nuclear Reactors (ANRs)
An advanced nuclear reactor (ANR) is a term that describes a category of nuclear technology that maintains the
benefits of existing technology while offering improved safety, scaling, and output features, as well as increased
industrial applications and additional use cases.54
ANR designs seek to use combinations of new and existing technologies and materials to improve upon earlier
generations of nuclear reactors in one or more of the following areas: cost, safety, security, waste management, and
versatility.55 To achieve these improvements, advanced designs may incorporate one or more of the following
characteristics: inherent or passive safety features, simplified or modular designs, enhanced load-following
capabilities, high-temperature stability, fast neutron spectrums, and “closed” fuel cycles.56 ANRs also fall under sub-
categories based on their output capacity:
Microreactor: < 50 Megawatts (MW)
Small (SMR): 50-300 MW
Medium: 300-600 MW
Large: >600 MW57
Some ANRs have standardized or modular designs and are commonly referred to as small modular reactors
(SMRs). SMRs can be factory built, have a smaller site footprint once installed, and can be incrementally scaled by
installing additional units in sequence.58 While a number of SMRs are in the process of seeking certification, the
NRC has approved only one SMR design, the NuScale Power Module, which was approved by the NRC in 2023.59
Currently, there are three large ANR designs certified by the NRC: Korea Electric Power Corporation’s Advanced
Power Reactor 1400 (APR1400), GE Hitachi’s Economic Simplified Boiling Water Reactor (BWR), and
Westinghouse’s AP1000.60 The AP1000 is the only large ANR presently in commercial service in the U.S., located at
Plant Vogtle in Georgia.61
Florida Public Service Commission (PSC)
The Florida Public Service Commission (PSC) is an arm of the legislative branch of government.62 The role of the
PSC is to ensure Florida’s consumers receive utility services, including electric, natural gas, telephone, water, and
wastewater, in a safe and reliable manner and at fair prices.63 The PSC exercises regulatory authority over utilities
in the following areas: rate base or economic regulation; competitive market oversight; and monitoring of safety,
52 Id. at 8-9.
53 Id.
54 PSC, Advanced Nuclear Power Feasibility Report, supra note 41, at page 19.
55 CRS, Advanced Nuclear Reactors: Technology Overview and Current Issues, Feb. 17, 2023, at page 7, available at
https://www.congress.gov/crs_external_products/R/PDF/R45706/R45706.7.pdf (last visited Jan. 16, 2026).
56 Id.
57 PSC, Advanced Nuclear Power Feasibility Report, supra note 41, at page 19.
58 See, e.g., NuScale, NuScale Power Module, https://www.nuscalepower.com/products/nuscale-power-module (last visited
Jan. 26, 2026).
59 USDOE, NRC Certifies First U.S. Small Modular Reactor Design, Jan. 20, 2023, https://www.energy.gov/ne/articles/nrc-
certifies-first-us-small-modular-reactor-design (last visited Jan. 26, 2026).
60 PSC, Advanced Nuclear Power Feasibility Report, supra note 41, at page 21.
61 Id.
62 S. 350.001, F.S.
63 See PSC, PSC Homepage, http://www.psc.state.fl.us (last visited Jan. 26, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
HB 1461
reliability, and service issues.64 In carrying out its duties, the PSC sets rates and charges for investor-owned
electric, natural gas, water, and wastewater utilities;65 approves territorial agreements and resolves service area
disputes among electric and natural gas utilities;66 certifies service areas for water and wastewater utilities;67 and
oversees carrier-to-carrier relationships and related interconnection agreements to prevent anticompetitive
behavior in the telecommunications sector.68 In 2024, the PSC regulated four investor-owned electric companies,
five investor-owned natural gas utilities, and 153 investor-owned water and wastewater utilities, and exercised
competitive market oversight over 276 telecommunications companies operating in the state.69
The PSC consists of five Commissioners selected for their knowledge and competence in one or more fields
substantially related to the duties and functions of the PSC, including economics, accounting, engineering, finance,
natural resource conservation, energy, public affairs, and law.70 Assisting the Commissioners in evaluating
petitions and proceedings before it, the PSC has a staff comprised of various divisions with particular areas of
expertise, including engineering, economics, accounting and finance, and law.71
The PSC’s operations are funded through the Florida Public Service Regulatory Trust Fund, and each utility
regulated by the PSC is required to pay a regulatory assessment fee twice a year that, to the extent practicable, is
related to the PSC’s cost of regulating that type of company.72 While the PSC’s budget is set annually by the
Legislature, the PSC does not receive any funding from the General Revenue Fund.73
Florida Department of Health (FDOH)
The Florida Department of Health (FDOH) was created for the purpose of protecting and promoting the health of
all residents and visitors in the state through organized state and community efforts.74 FDOH’s primary tasks are
to:
Identify, diagnose, and conduct surveillance of diseases and health conditions in the state and accumulate
the health statistics necessary to establish trends.
Implement interventions that prevent or limit the impact or spread of diseases and health conditions.
Collect, manage, and analyze vital statistics and other health data to inform the public and formulate public
health policy and planning.
Maintain and coordinate preparedness for and responses to public health emergencies in the state.
Provide or ensure the provision of quality health care and related services to identified populations in the
state.
Regulate environmental activities that have a direct impact on public health in the state.
Regulate health practitioners for the preservation of the health, safety, and welfare of the public.75
64 PSC, About the PSC, https://www.psc.state.fl.us/about (last visited Jan. 26, 2026).
65 Ss. 366.04(2)(b), 366.06(1), 367.011(2), and 367.081(1), F.S.
66 S. 366.04(2)(d)-(e) and (3)(a)-(b), F.S.
67 Ss. 367.031 and 367.045, F.S.
68 See s. 364.16, F.S.
69 PSC, About the PSC, supra note 64. While the PSC does not fully regulate publicly owned municipal or cooperative utilities, it
retains limited jurisdiction, including territorial boundaries, over 35 municipally owned electric systems, 18 rural electric
cooperatives, 27 municipally owned natural gas utilities, and 4 gas districts, and exercises statewide safety authority over all
electric and natural gas systems.
70 Ss. 350.01, 350.031, F.S.
71 PSC, About the PSC, supra note 64.
72 S. 350.113, F.S.; see also, e.g., s. 366.14, F.S.
73 Senate Regulated Industries Committee, Bill Analysis for SB 1312 (2023), Mar. 30, 2023, available at
https://flsenate.gov/Session/Bill/2023/1312/Analyses/2023s01312.ri.PDF (last visited Jan. 26, 2026).
74 S. 20.43, F.S.
75 S. 20.43(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
HB 1461
Bureau of Radiation Control
FDOH’s Bureau of Radiation Control (BRC) is the primary state office that administers the NRC’s Agreement State
program in Florida to oversee the licensing and regulation of radioactive materials users.76 The program is
authorized under ch. 404, F.S., known as the Florida Radiation Protection Act.77 The BRC’s program licenses more
than 1,800 users, including hospitals, universities, industrial facilities, doctors, roofing companies, a food
irradiator, and a medical product irradiator.78 The radioactive material employed by these users may be contained
in a medical pharmaceutical or inside an industrial device such as a moisture density gauge or a static eliminator.
The licenses are dynamic documents that may be amended to accommodate the licensees’ needs and industry’s
changing needs in the use of radioactive materials, and each year the BRC issues over 2,100 license amendments or
changes requested by licensees.79
Each materials license is valid for five years. Program staff inspects each licensee periodically from every six
months to every five years depending on the type of license. During the inspection, which may take 100 hours or
more at a large facility, the inspector takes direct radiation readings and interviews and observes personnel. The
inspector also reviews records, and if necessary, collects samples from equipment surfaces and the general
environment which are later analyzed for contamination at FDOH’s radiation laboratory.80
Florida Department of Environmental Protection (FDEP)
The Florida Department of Environmental Protection (FDEP) is the state agency tasked with environmental
management and stewardship and with protecting the state’s air, water, and land.81 FDEP’s work is divided into
three primary areas:
Land and Recreation: FDEP acquires and protects lands for preservation and recreation, overseeing 175
state parks and trails and more than 12 million acres of public lands and 4 million acres of coastal uplands
and submerged lands.
Regulatory: FDEP safeguards natural resources by overseeing permitting and compliance activities that
protect air and water quality, and FDEP manages waste cleanups.
Ecosystems Restoration: FDEP protects and improves Florida’s water quality and aquatic resources,
working with communities, local governments, and other agencies to protect and restore water quality and
supply and to provide funding assistance for water restoration and infrastructure projects, and FDEP
coordinates the protection of Florida’s submerged lands and coastal areas.82
FDEP is also responsible for collecting and analyzing information concerning energy resources in this state; for
coordinating the energy conservation programs of state agencies; and for coordinating the development, review,
and implementation of the state’s energy policy.83
Florida Energy Policy & Utility Regulation
Public Utilities
In Florida, the term “public utility” means every person, corporation, partnership, association, or other legal entity
supplying electricity or gas to or for the public within the state.84 However, the term does not include rural electric
cooperatives, municipally owned utilities, or certain other specified entities.85 The PSC has jurisdiction to regulate
76 NRC, Florida: Agreement State Information, https://www.nrc.gov/agreement-states/florida (last visited Jan. 26, 2026).
77 Ss. 404.022(1), 404.062, F.S.
78 FDOH, Radioactive Materials, https://www.floridahealth.gov/licensing-regulations/radiation-control/radioactive-
materials/ (last visited Jan. 26, 2026).
79 Id.
80 Id.
81 FDEP, About DEP, https://floridadep.gov/sec/sec/content/about-dep (last visited Jan. 26, 2026).
82 Id.
83 S. 20.255(7), F.S.
84 S. 366.02(8), F.S.
85 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
HB 1461
and supervise each public utility in the state with respect to its rates and service.86 Public utilities in Florida may
not charge or receive any rate not approved by the PSC.87
The Florida Supreme Court has, in interpreting the definition of “public utility,” held that the sale of electricity to a
single customer makes the provider a public utility under Florida law.88
Energy Policy
The state’s energy policy is codified in s. 377.601, F.S., and was last revised in 2024.89 The purpose of the policy is
to ensure an adequate, reliable, and cost-effective supply of energy for the state in a manner that promotes the
health and welfare of the public and economic growth.90 The Legislature requires that the state’s energy policy
must be guided by the following goals:
Ensuring a cost-effective and affordable energy supply.
Ensuring adequate supply and capacity.
Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse supply of domestic
energy resources.
Protecting public safety.
Protecting the state’s natural resources, including its coastlines, tributaries, and waterways.
Supporting economic growth.91
To further those goals, it is the state’s policy to:
Promote the cost-effective development and use of a diverse supply of domestic energy resources in the
state and discourage energy waste.
Promote the cost-effective development and maintenance of energy infrastructure that is resilient to
natural and manmade threats to the security and reliability of the state’s energy supply.
Reduce reliance on foreign energy resources.
Include energy reliability and security considerations in all state, regional, and local planning.
Utilize and manage effectively energy resources used within state agencies.
Encourage local governments to include energy considerations in all planning and to support their work in
promoting energy management programs.
Include the full participation of citizens in the development and implementation of energy programs.
Consider in its decisions the energy needs of each economic sector, including residential, industrial,
commercial, agricultural, and governmental uses, and reduce those needs whenever possible.
Promote energy education and the public dissemination of information on energy and its impacts in
relation to the goals.
Encourage the research, development, demonstration, and application of domestic energy resources,
including the use of renewable energy resources.
Consider, in its decisionmaking, the impacts of energy-related activities on the goals, including the whole-
life-cycle impacts of any potential energy use choices, so that detrimental effects of these activities are
understood and minimized.
Develop and maintain energy emergency preparedness plans to minimize the effects of an energy shortage
within this state.92
Florida law also states that it is in the public interest to promote the development of renewable energy resources
in this state, and that renewable energy resources have the potential to help diversify fuel types to meet Florida’s
growing dependency on natural gas for electric production, minimize the volatility of fuel costs, encourage
86 S. 366.04(1), F.S.
87 S. 366.06(1), F.S.
88 PW Ventures, Inc. v. Nichols, 533 So. 2d 281, 282-84 (Fla. 1988) (interpreting the phrase “to the public”).
89 Ch. 2024-186, Laws of Fla.
90 S. 377.601(1), F.S.
91 S. 377.601(2), F.S.
92 S. 377.601(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
HB 1461
investment within the state, improve environmental conditions, and make Florida a leader in new and innovative
technologies.93 Each public utility in Florida, as well as certain municipal electric utilities and rural electric
cooperatives, must continuously offer a purchase contract to producers of renewable energy based on the utility’s
full avoided costs.94 Such utilities must also offer standardized interconnection agreements and net-metering
programs for customer-owned renewable generation, subject to certain requirements.95 However, Florida law
requires the contracting producer of renewable energy to pay the actual costs of its interconnection with the
transmission grid or distribution system.96
Florida’s Energy Mix
As of 2023, approximately 73% of Florida’s electricity generation comes from natural gas power plants, 11%
comes from nuclear power plants, and approximately 7% comes from renewable energy sources.97 Florida
currently has four nuclear reactors in operation generating electricity, located at Turkey Point and St. Lucie, with
all four reactors owned and operated by Florida Power & Light Company.98 Florida’s natural gas power plants are
supplied by five interstate pipelines that deliver gas across the state.99
Ten-Year Site Plans
Each electric utility in Florida that generates electricity is required to annually submit to the PSC a Ten-year Site
Plan (TYSP) to estimate the utility’s power generating needs and the general location of its proposed power plant
sites over a 10-year planning horizon.100 A utility’s TYSP is the culmination of a process known as integrated
resource planning (IRP), in which the utility considers its forecasted load, conducts a reliability analysis, and
evaluates a cost-effective combination of demand-side resources and supply-side resources.101
The PSC reviews each TYSP and is required to classify each plan as “suitable” or “unsuitable.”102 The PSC’s annual
review of utility TYSPs is non-binding, and each TYSP is considered tentative information for planning purposes
only, but it does provide state, regional, and local agencies advance notice of proposed power plants and
transmission facilities.103 In its preliminary study of the TYSPs, the PSC must consider:
The need, including the need as determined by the PSC, for electrical power in the area to be served.
The effect on fuel diversity within the state.
The anticipated environmental impact of each proposed electrical power plant site.
Possible alternatives to the proposed plan.
The views of appropriate local, state, and federal agencies, including the views of the appropriate water
management to the availability of water and its recommendation as to the use by the proposed plant of salt
water or fresh water for cooling purposes.
The extent to which the plan is consistent with the state comprehensive plan.
The plan with respect to the information of the state on energy availability and consumption.
The amount of renewable energy resources the utility produces or purchases.
93 S. 366.91(1), F.S.
94 S. 366.91(3)-(4), F.S. The term “full avoided costs” is defined in s. 366.051, F.S., for regulated electric utilities to mean the
incremental costs to the utility of the electric energy or capacity, or both, which, but for the purchase, such utility would
generate itself or purchase from another source.
95 S. 366.91(5)-(6), F.S.
96 S. 366.91(8), F.S.
97 PSC, Facts and Figures of the Florida Utility Industry, 2025, at page 2, available at
https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/General/FactsAndFigures/April%202025.pdf
(last visited Jan. 16, 2026).
98 Id. at 7.
99 Id. at 18.
100 PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, at page 1,
https://www.floridapsc.com/pscfiles/website-files/PDF/Utilities/Electricgas/TenYearSitePlans//2025/Review.pdf (last
visited Jan. 26, 2026); R. 25-6.071, F.A.C.
101 PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, supra note 100, at page 1.
102 Id.
103 Id.; s. 186.801(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
HB 1461
The amount of renewable energy resources the utility plans to produce or purchase over the ten-year
planning horizon and the means by which the production or purchases will be achieved.
A statement describing how the production and purchase of renewable energy resources impact the
utility’s present and future capacity and energy needs.104
Any concerns identified during the review of the utilities’ TYSPs may be addressed by the PSC at a formal public
hearing, such as a power plant need determination proceeding.105 After its review of the TYSPs, the PSC makes all
of its findings available to FDEP for its consideration at any subsequent site certification proceeding under the
PPSA or the Florida Electric Transmission Line Siting Act.106 The PSC also provides a copy to the Florida
Department of Agriculture and Consumer Services as part of its report on electricity and natural gas forecasts.107
Florida Power Plant Siting Act (PPSA)
The Power Plant Siting Act (PPSA)108 is the state's centralized process for licensing large power plants.109 A
certification under the PPSA replaces all local and state permits, but local governments within whose jurisdiction
the power plant is to be built, as well as state agencies whose regulatory authority is implicated by the plant,
participate in the process. Certification addresses permitting, land use and zoning, and property interests. A
certification grants approval for the location of the power plant and its associated facilities such as a natural gas
pipeline supplying the plant's fuel, rail lines for bringing coal to the site, and roadways and electrical transmission
lines carrying power to the electrical grid, among others.110 A PPSA certification is issued by the Siting Board,
comprised of the Governor and the Cabinet, or, in uncontested cases, by FDEP.111 The PPSA applies to all steam or
solar electrical power plants that generate 75 MW or more, but power plants that generate less than 75 MW may
elect to apply for certification under the PPSA.112
PSC Determination of Need
The PSC is the exclusive forum for a determination of need for all electrical power plants subject to the PPSA.113 In
making its determination, the PSC must consider:
The need for electric system reliability and integrity.
The need for adequate electricity at a reasonable cost.
The need for fuel diversity and supply reliability.
Whether the proposed plant is the most cost-effective alternative available.
Whether renewable energy sources and technologies, as well as conservation measures, are utilized to the
extent reasonably available.
The conservation measures taken by or reasonably available to the applicant or its members which might
mitigate the need for the proposed plant.
Other matters within its jurisdiction which it deems relevant.114
For nuclear power plants, the PSC is required to hold a hearing within 90 days after the filing of the petition to
determine need and to issue an order granting or denying the petition within 135 days after the date of the filing of
the petition.115 In making a determination to either grant or deny the petition, the PSC must consider:
104 S. 186.801(2), F.S.
105 PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, supra note 100, at page 1.
106 S. 186.801(2), F.S. Ss. 403.501-403.518, F.S., are known collectively as the “Florida Electrical Power Plant Siting Act,” and ss.
403.52-403.5365, F.S., are known collectively as the “Florida Electric Transmission Line Siting Act.”
107 S. 377.703(2)(e), F.S.; PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, supra note 100, at page 2.
108 Ss. 403.501-403.518, F.S., are known collectively as the “Florida Electrical Power Plant Siting Act.”
109 FDEP, Power Plant Siting Act, https://floridadep.gov/water/siting-coordination-office/content/power-plant-siting-act (last
visited Jan. 26, 2026).
110 Id.
111 Id.
112 Id. See also s. 403.506(1), F.S.
113 S. 403.519, F.S.
114 S. 403.519(3), F.S.
115 S. 403.519(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
HB 1461
The need for electric system reliability and integrity, including fuel diversity.
The need for base-load generating capacity.
The need for adequate electricity at a reasonable cost.
Whether renewable energy sources and technologies, as well as conservation measures, are utilized to the
extent reasonably available.116
The PSC is also required to take into account whether the proposed nuclear power plant will:
Provide needed base-load capacity.
Enhance the reliability of electric power production within the state by improving the balance of power
plant fuel diversity and reducing Florida’s dependence on fuel oil and natural gas.
Provide the most cost-effective source of power, taking into account the need to improve the balance of fuel
diversity, reduce Florida’s dependence on fuel oil and natural gas, reduce air emission compliance costs,
and contribute to the long-term stability and reliability of the electric grid.117
After the PSC grants a determination of need for a nuclear power plant, Florida law authorizes a utility to recover
certain costs incurred prior to commercial operation of the plant and limits the ability to challenge a utility’s
recovery of such costs through rates.118
Radiological Contamination
Exposure to very high levels of radiation, such as being close to an atomic blast, can cause acute health effects such
as skin burns and acute radiation syndrome (“radiation sickness").119 It can also result in long-term health effects
such as cancer and cardiovascular disease.120 Exposure to low levels of radiation does not cause immediate health
effects, but can cause a small increase in the risk of cancer over a lifetime.121
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2024 CS/CS/HB 1645 - Energy Resources Payne Became law on July 1, 2024
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure Keating Rubottom
Subcommittee
Budget Committee
Commerce Committee
116 S. 403.519(4), F.S.
117 S. 403.519(4)(b), F.S.
118 S. 403.519(4)(e), F.S.
119 U.S. Envtl. Prot. Agency, Radiation Health Effects, https://www.epa.gov/radiation/radiation-health-effects (last visited Jan.
26, 2026).
120 Id.
121 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
15
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 1461 2026
1 A bill to be entitled
2 An act relating to advanced nuclear reactors; creating
3 s. 403.541, F.S.; providing definitions; authorizing
4 the Florida Public Service Commission to regulate
5 advanced nuclear reactors in this state; authorizing
6 the Department of Health and the Department of
7 Environmental Protection to exercise specified powers
8 and duties; requiring the commission, the Department
9 of Health, and the Department of Environmental
10 Protection to jointly establish criteria for the
11 certification of laboratories that perform analysis on
12 nuclear materials; authorizing the possession of
13 nuclear material for specified purposes; providing an
14 exception and limitation for such possession;
15 requiring permits for the transfer, receipt,
16 possession, use, storage, or disposal of nuclear
17 materials; requiring the commission to make a certain
18 determination before issuing such permits; requiring
19 certifications for construction and significant design
20 modifications of advanced nuclear reactors; requiring
21 the commission to consider certain factors before
22 issuing such certifications; authorizing the
23 commission to issue reciprocal permits under certain
24 conditions; providing penalties; requiring the
25 commission, after consultation with the Department of
Page 1 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
26 Environmental Protection and the Department of Health,
27 to adopt rules; providing requirements for such rules;
28 amending s. 186.801, F.S.; revising the criteria the
29 commission must consider in the preliminary study of
30 electric utility 10-year site plans; amending s.
31 366.02, F.S.; revising the definition of the term
32 "public utility"; amending s. 366.92, F.S.; revising
33 legislative intent for the state's renewable energy
34 policy; revising definitions; revising requirements
35 for the development of certain standards by electric
36 utilities; removing such requirement for rural
37 cooperatives; amending s. 377.601, F.S.; revising
38 legislative intent for the state's energy policy;
39 amending s. 403.506, F.S.; revising applicability of
40 power plant capacity and expansion thresholds;
41 amending s. 403.519, F.S.; revising the criteria the
42 commission must consider in making determinations for
43 proposed power plants; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 403.541, Florida Statutes, is created
48 to read:
49 403.541 Advanced nuclear reactors.-
50 (1) As used in this section, the term:
Page 2 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
51 (a) "Advanced nuclear reactor" means a nuclear fusion
52 reactor, or a nuclear fission reactor that uses new or
53 significantly improved designs compared to commercial nuclear
54 reactors in operation as of January 1, 2021, including
55 improvements such as:
56 1. Inherent or passive safety features;
57 2. Lower waste yields;
58 3. Improved fuel performance or efficiency;
59 4. Significantly improved designs, materials, fuels, or
60 cooling systems;
61 5. Reduced consumption of cooling water and other
62 environmental impacts; or
63 6. Flexibility in operational output or ability to
64 integrate into electric or nonelectric applications.
65 (b) "Commission" means the Florida Public Service
66 Commission.
67 (c) "Electrical power plant" has the same meaning as
68 provided in s. 403.503.
69 (d) "Nuclear material" means byproduct material, source
70 material, and special nuclear material as those terms are
71 defined in s. 404.31.
72 (2)(a) The authority to regulate advanced nuclear reactors
73 in this state is granted solely to the commission. At a minimum,
74 the commission shall do all of the following:
75 1. Evaluate and approve designs for advanced nuclear
Page 3 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
76 reactors.
77 2. Issue permits for the possession, transportation,
78 transfer, and use of nuclear materials in sufficient quantities
79 to facilitate advanced nuclear reactor research, design,
80 testing, construction, and operation.
81 3. Prescribe safety and construction standards for the use
82 of nuclear materials in the development and operation of
83 advanced nuclear reactors.
84 (b) The Department of Health may exercise its powers and
85 duties granted under chapter 404 for the regulation of advanced
86 nuclear reactors under this section. The Department of Health
87 shall develop appropriate guidelines for nuclear facilities and
88 advanced nuclear reactors to mitigate harm to human health
89 resulting from radiological exposure.
90 (c) The Department of Environmental Protection may
91 exercise its powers and duties granted under chapter 403 for the
92 regulation of advanced nuclear reactors under this section. The
93 Department of Environmental Protection shall develop appropriate
94 guidelines for nuclear facilities and advanced nuclear reactors
95 to mitigate environmental harm and promote the efficient and
96 sustainable use of water and other natural resources.
97 (d) The commission, the Department of Health, and the
98 Department of Environmental Protection shall jointly establish
99 criteria for the certification of laboratories that perform
100 analysis on nuclear materials for the purpose of researching,
Page 4 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
101 designing, testing, or otherwise developing technology for
102 nuclear power plants under this section.
103 (3) A person, corporation, or entity may possess nuclear
104 materials for, and in quantities sufficient to facilitate, the
105 research, design, testing, construction, and operation of
106 advanced nuclear reactors. However, except for active military
107 personnel or contractors acting pursuant to a lawful military
108 order, a person, corporation, or entity may not possess nuclear
109 materials in quantities that pose a danger to national defense
110 and security or public health and safety.
111 (4)(a) The operator of a facility conducting research and
112 testing of advanced nuclear reactors must obtain a permit from
113 the commission for the use and storage of nuclear materials to
114 facilitate such research and testing.
115 (b) A person, corporation, or entity must obtain a permit
116 from the commission for the transfer, receipt, possession, use,
117 or disposal of nuclear materials relating to the operation of
118 advanced nuclear reactors.
119 (c) Before issuing a permit under this subsection, the
120 commission must determine that the facility or reactor is
121 equipped with radiation control devices that will abate or
122 prevent radiological contamination in compliance with the
123 standards and rules established under this section.
124 (5)(a) The construction or significant design modification
125 of an advanced nuclear reactor must be certified by the
Page 5 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
126 commission before such construction or modification may begin.
127 (b) Before issuing a certification under this subsection,
128 the commission must consider, at a minimum, all of the
129 following:
130 1. The extent to which the design will effectively
131 mitigate and prevent danger to the public health and safety.
132 2. The compliance of the design with the safety standards
133 prescribed by the commission.
134 3. The ability of the design to address known or
135 reasonably foreseeable risks, including system failures,
136 accidents, natural disasters, and extreme weather events.
137 4. The completeness and accuracy of engineering
138 calculations and testing data for the design.
139 5. The ability of the design to promote the efficient and
140 sustainable use of water and other natural resources.
141 (c) The construction or significant design modification of
142 an advanced nuclear reactor must include radiation control
143 devices that will abate or prevent radiological contamination in
144 compliance with the standards and rules established under this
145 section.
146 (6) If an applicant has been issued a permit or
147 certification from another state or federal agency for the
148 activities under this section, the commission may issue a
149 reciprocal permit or certification if the safety standards of
150 the other state or federal agency are no less stringent than the
Page 6 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
151 standards and rules established under this section.
152 (7) A person, corporation, or entity who violates this
153 section or any rules adopted hereunder is subject to a civil
154 penalty not to exceed $100,000 for each violation for each day
155 the violation persists, except that the maximum civil penalty
156 may not exceed $1 million for any related series of violations.
157 (8) The commission, after consultation with the Department
158 of Health and the Department of Environmental Protection, shall
159 adopt rules to implement this section. In developing such rules,
160 the commission shall refer to part II of this chapter and the
161 rules and regulations established thereunder.
162 Section 2. Paragraph (j) of subsection (2) of section
163 186.801, Florida Statutes, is redesignated as paragraph (l), and
164 new paragraphs (j) and (k) are added to that section, to read:
165 186.801 Ten-year site plans.—
166 (2) Within 9 months after the receipt of the proposed
167 plan, the commission shall make a preliminary study of such plan
168 and classify it as "suitable" or "unsuitable." The commission
169 may suggest alternatives to the plan. All findings of the
170 commission shall be made available to the Department of
171 Environmental Protection for its consideration at any subsequent
172 electrical power plant site certification proceedings. It is
173 recognized that 10-year site plans submitted by an electric
174 utility are tentative information for planning purposes only and
175 may be amended at any time at the discretion of the utility upon
Page 7 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
176 written notification to the commission. A complete application
177 for certification of an electrical power plant site under
178 chapter 403, when such site is not designated in the current 10-
179 year site plan of the applicant, shall constitute an amendment
180 to the 10-year site plan. In its preliminary study of each 10-
181 year site plan, the commission shall consider such plan as a
182 planning document and shall review:
183 (j) The amount of nuclear energy resources the utility
184 produces or purchases.
185 (k) The amount of nuclear energy resources the utility
186 plans to produce or purchase over the 10-year planning horizon
187 and the means by which the production or purchases will be
188 achieved.
189 Section 3. Subsection (8) of section 366.02, Florida
190 Statutes, is amended to read:
191 366.02 Definitions.—As used in this chapter:
192 (8) "Public utility" means every person, corporation,
193 partnership, association, or other legal entity and their
194 lessees, trustees, or receivers supplying electricity or gas
195 (natural, manufactured, or similar gaseous substance) to or for
196 the public within this state; but the term "public utility" does
197 not include either a cooperative now or hereafter organized and
198 existing under the Rural Electric Cooperative Law of the state;
199 a municipality or any agency thereof; any entity other than an
200 electric utility that produces electricity from an advanced
Page 8 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
201 nuclear reactor that is not interconnected to this state's
202 electrical power grid for its own consumption or supplies such
203 electricity for consumption by a single consumer; any dependent
204 or independent special natural gas district; any natural gas
205 transmission pipeline company making only sales or
206 transportation delivery of natural gas at wholesale and to
207 direct industrial consumers; any entity selling or arranging for
208 sales of natural gas which neither owns nor operates natural gas
209 transmission or distribution facilities within the state; or a
210 person supplying liquefied petroleum gas, in either liquid or
211 gaseous form, irrespective of the method of distribution or
212 delivery, or owning or operating facilities beyond the outlet of
213 a meter through which natural gas is supplied for compression
214 and delivery into motor vehicle fuel tanks or other
215 transportation containers, unless such person also supplies
216 electricity or manufactured or natural gas.
217 Section 4. Subsections (1), (2), and (3) of section
218 366.92, Florida Statutes, are amended to read:
219 366.92 Florida renewable energy policy.—
220 (1) It is the intent of the Legislature to promote the
221 development of clean renewable energy; protect the economic
222 viability of Florida's existing clean renewable energy
223 facilities; diversify the types of fuel used to generate
224 electricity in Florida; lessen Florida's dependence on natural
225 gas and fuel oil for the production of electricity; minimize the
Page 9 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
226 volatility of fuel costs; encourage investment within the state;
227 improve environmental conditions; and, at the same time,
228 minimize the costs of power supply to electric utilities and
229 their customers.
230 (2) As used in this section, the term:
231 (a) "Clean energy" includes energy produced by advanced
232 nuclear reactors as that term is defined in s. 403.541, and
233 renewable energy and renewable natural gas as those terms are
234 defined in s. 366.91.
235 (b)(a) "Provider" means a "utility" as defined in s.
236 366.8255(1)(a).
237 (b) "Renewable energy" includes renewable energy and
238 renewable natural gas as those terms are defined in s.
239 366.91(2).
240 (3) Each municipal electric utility and rural electric
241 cooperative shall develop standards for the promotion,
242 encouragement, and expansion of the use of clean renewable
243 energy resources and energy conservation and efficiency
244 measures. On or before April 1, annually, each municipal
245 electric utility and electric cooperative shall submit to the
246 commission a report that identifies such standards.
247 Section 5. Paragraph (m) is added to subsection (3) of
248 section 377.601, Florida Statutes, to read:
249 377.601 Legislative intent.—
250 (3) In furtherance of the goals in subsection (2), it is
Page 10 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
251 the policy of the state to:
252 (m) Encourage the research, development, demonstration,
253 and application of domestic advanced nuclear energy resources.
254 Section 6. Subsection (1) of section 403.506, Florida
255 Statutes, is amended to read:
256 403.506 Applicability, thresholds, and certification.—
257 (1)(a) The provisions of This act applies shall apply to
258 any electrical power plant as defined herein, except that the
259 provisions of this act does shall not apply to the following,
260 unless the applicant has elected to apply for certification
261 under this act:
262 1. Any electrical power plant of less than 75 megawatts in
263 gross capacity, including its associated facilities, unless the
264 applicant has elected to apply for certification of such
265 electrical power plant under this act.
266 2. The provisions of this act shall not apply to Capacity
267 expansions of 75 megawatts or less, in the aggregate, of an
268 existing exothermic reaction cogeneration electrical generating
269 facility that was exempt from this act when it was originally
270 built; however, this exemption shall not apply if the unit uses
271 oil or natural gas for purposes other than unit startup.
272 3. Capacity expansions of 75 megawatts or less, in the
273 aggregate, of one or more advanced nuclear reactors as defined
274 in s. 403.541 installed within the boundaries of an electrical
275 power plant site previously certified under this act.
Page 11 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
276 4. One or more advanced nuclear reactors as defined in s.
277 403.541 to be located within the boundaries of an electrical
278 power plant site previously certified under this act, provided
279 that:
280 a. The advanced nuclear reactor or reactors are intended
281 to replace an existing electrical power plant located on the
282 site.
283 b. The certificate holder intends to retire the existing
284 electrical power plant from service.
285 c. The gross capacity of the advanced nuclear reactor or
286 reactors, in the aggregate, does not exceed the gross capacity
287 of the electrical power plant to be retired.
288 5. One or more advanced nuclear reactors as defined in s.
289 403.541 that are not interconnected to this state's electrical
290 power grid and that are owned and operated by an entity other
291 than an electric utility for purposes of producing power for its
292 own consumption or for use by a single consumer of electrical
293 power.
294 (b) The No construction of any new electrical power plant
295 or expansion in steam generating capacity as measured by an
296 increase in the maximum electrical generator rating of any
297 existing electrical power plant may not be undertaken after
298 October 1, 1973, without first obtaining certification in the
299 manner as herein provided, except that this act shall not apply
300 to any such electrical power plant which is presently operating
Page 12 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
301 or under construction or which has, upon the effective date of
302 chapter 73-33, Laws of Florida, applied for a permit or
303 certification under requirements in force prior to the effective
304 date of such act.
305 Section 7. Subsection (3) of section 403.519, Florida
306 Statutes, is amended to read:
307 403.519 Exclusive forum for determination of need.—
308 (3) The commission shall be the sole forum for the
309 determination of this matter, which accordingly may shall not be
310 raised in any other forum or in the review of proceedings in
311 such other forum. In making its determination, the commission
312 shall take into account the need for electric system reliability
313 and integrity, the need for adequate electricity at a reasonable
314 cost, the need for fuel diversity and supply reliability,
315 whether the proposed plant is the most cost-effective
316 alternative available, and whether nuclear renewable energy
317 resources sources and technologies, as well as conservation
318 measures, are used utilized to the extent reasonably available.
319 The commission shall also expressly consider the conservation
320 measures taken by or reasonably available to the applicant or
321 its members which might mitigate the need for the proposed plant
322 and other matters within its jurisdiction which it deems
323 relevant. The commission's determination of need for an
324 electrical power plant shall create a presumption of public need
325 and necessity and shall serve as the commission's report
Page 13 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1461 2026
326 required by s. 403.507(4). An order entered pursuant to this
327 section constitutes final agency action.
328 Section 8. This act shall take effect July 1, 2026.
Page 14 of 14
CODING: Words stricken are deletions; words underlined are additions.
hb1461-00
Economic Infrastructure Subcommittee
HB 1461 by Reps. Miller and Gentry
Advanced Nuclear Reactors
AMENDMENT SUMMARY
January 28, 2026
Amendment #929505 by Rep. Miller (line 73):
• Clarifies a provision of the bill granting regulatory authority to the Public Service
Commission.
• Clarifies the definition of “clean energy” to include energy produced by all nuclear
reactors.
• Clarifies a provision of the bill related to the applicability of the Florida Power
Plant Siting Act to advanced nuclear reactors not interconnected to the grid.
• Corrects other technical drafting errors.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
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 Miller offered the following:
4
5 Amendment
6 Remove lines 73-290 and insert:
7 in this state is granted to the commission. At a minimum, the
8 commission shall do all of the following:
9 1. Evaluate and approve designs for advanced nuclear
10 reactors.
11 2. Issue permits for the possession, transportation,
12 transfer, and use of nuclear materials in sufficient quantities
13 to facilitate advanced nuclear reactor research, design,
14 testing, construction, and operation.
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 1 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
15 3. Prescribe safety and construction standards for the use
16 of nuclear materials in the development and operation of
17 advanced nuclear reactors.
18 (b) The Department of Health may exercise its powers and
19 duties granted under chapter 404 for the regulation of advanced
20 nuclear reactors under this section. The Department of Health
21 shall develop appropriate guidelines for nuclear facilities and
22 advanced nuclear reactors to mitigate harm to human health
23 resulting from radiological exposure.
24 (c) The Department of Environmental Protection may
25 exercise its powers and duties granted under chapter 403 for the
26 regulation of advanced nuclear reactors under this section. The
27 Department of Environmental Protection shall develop appropriate
28 guidelines for nuclear facilities and advanced nuclear reactors
29 to mitigate environmental harm and promote the efficient and
30 sustainable use of water and other natural resources.
31 (d) The commission, the Department of Health, and the
32 Department of Environmental Protection shall jointly establish
33 criteria for the certification of laboratories that perform
34 analysis on nuclear materials for the purpose of researching,
35 designing, testing, or otherwise developing technology for
36 nuclear power plants under this section.
37 (3) A person, corporation, or entity may possess nuclear
38 materials for, and in quantities sufficient to facilitate, the
39 research, design, testing, construction, and operation of
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 2 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
40 advanced nuclear reactors. However, except for active military
41 personnel or contractors acting pursuant to a lawful military
42 order, a person, corporation, or entity may not possess nuclear
43 materials in quantities that pose a danger to national defense
44 and security or public health and safety.
45 (4)(a) The operator of a facility conducting research and
46 testing of advanced nuclear reactors must obtain a permit from
47 the commission for the use and storage of nuclear materials to
48 facilitate such research and testing.
49 (b) A person, corporation, or entity must obtain a permit
50 from the commission for the transfer, receipt, possession, use,
51 or disposal of nuclear materials relating to the operation of
52 advanced nuclear reactors.
53 (c) Before issuing a permit under this subsection, the
54 commission must determine that the facility or reactor is
55 equipped with radiation control devices that will abate or
56 prevent radiological contamination in compliance with the
57 standards and rules established under this section.
58 (5)(a) The construction or significant design modification
59 of an advanced nuclear reactor must be certified by the
60 commission before such construction or modification may begin.
61 (b) Before issuing a certification under this subsection,
62 the commission must consider, at a minimum, all of the
63 following:
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 3 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
64 1. The extent to which the design will effectively
65 mitigate and prevent danger to the public health and safety.
66 2. The compliance of the design with the safety standards
67 prescribed by the commission.
68 3. The ability of the design to address known or
69 reasonably foreseeable risks, including system failures,
70 accidents, natural disasters, and extreme weather events.
71 4. The completeness and accuracy of engineering
72 calculations and testing data for the design.
73 5. The ability of the design to promote the efficient and
74 sustainable use of water and other natural resources.
75 (c) The construction or significant design modification of
76 an advanced nuclear reactor must include radiation control
77 devices that will abate or prevent radiological contamination in
78 compliance with the standards and rules established under this
79 section.
80 (6) If an applicant has been issued a permit or
81 certification from another state or federal agency for the
82 activities under this section, the commission may issue a
83 reciprocal permit or certification if the safety standards of
84 the other state or federal agency are no less stringent than the
85 standards and rules established under this section.
86 (7) A person, corporation, or entity who violates this
87 section or any rules adopted hereunder is subject to a civil
88 penalty not to exceed $100,000 for each violation for each day
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 4 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
89 the violation persists, except that the maximum civil penalty
90 may not exceed $1 million for any related series of violations.
91 (8) The commission, after consultation with the Department
92 of Health and the Department of Environmental Protection, shall
93 adopt rules to implement this section. In developing such rules,
94 the commission shall refer to part II of this chapter and the
95 rules and regulations established thereunder.
96 Section 2. Paragraph (j) of subsection (2) of section
97 186.801, Florida Statutes, is redesignated as paragraph (l), and
98 new paragraphs (j) and (k) are added to that section, to read:
99 186.801 Ten-year site plans.—
100 (2) Within 9 months after the receipt of the proposed
101 plan, the commission shall make a preliminary study of such plan
102 and classify it as "suitable" or "unsuitable." The commission
103 may suggest alternatives to the plan. All findings of the
104 commission shall be made available to the Department of
105 Environmental Protection for its consideration at any subsequent
106 electrical power plant site certification proceedings. It is
107 recognized that 10-year site plans submitted by an electric
108 utility are tentative information for planning purposes only and
109 may be amended at any time at the discretion of the utility upon
110 written notification to the commission. A complete application
111 for certification of an electrical power plant site under
112 chapter 403, when such site is not designated in the current 10-
113 year site plan of the applicant, shall constitute an amendment
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 5 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
114 to the 10-year site plan. In its preliminary study of each 10-
115 year site plan, the commission shall consider such plan as a
116 planning document and shall review:
117 (j) The amount of nuclear energy resources the utility
118 produces or purchases.
119 (k) The amount of nuclear energy resources the utility
120 plans to produce or purchase over the 10-year planning horizon
121 and the means by which the production or purchases will be
122 achieved.
123 Section 3. Subsection (8) of section 366.02, Florida
124 Statutes, is amended to read:
125 366.02 Definitions.—As used in this chapter:
126 (8) "Public utility" means every person, corporation,
127 partnership, association, or other legal entity and their
128 lessees, trustees, or receivers supplying electricity or gas
129 (natural, manufactured, or similar gaseous substance) to or for
130 the public within this state; but the term "public utility" does
131 not include either a cooperative now or hereafter organized and
132 existing under the Rural Electric Cooperative Law of the state;
133 a municipality or any agency thereof; any entity, other than an
134 electric utility, that produces electricity from an advanced
135 nuclear reactor that is not interconnected to this state's
136 electrical power grid for its own consumption or supplies such
137 electricity for consumption by a single consumer; any dependent
138 or independent special natural gas district; any natural gas
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 6 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
139 transmission pipeline company making only sales or
140 transportation delivery of natural gas at wholesale and to
141 direct industrial consumers; any entity selling or arranging for
142 sales of natural gas which neither owns nor operates natural gas
143 transmission or distribution facilities within the state; or a
144 person supplying liquefied petroleum gas, in either liquid or
145 gaseous form, irrespective of the method of distribution or
146 delivery, or owning or operating facilities beyond the outlet of
147 a meter through which natural gas is supplied for compression
148 and delivery into motor vehicle fuel tanks or other
149 transportation containers, unless such person also supplies
150 electricity or manufactured or natural gas.
151 Section 4. Subsections (1), (2), and (3) of section
152 366.92, Florida Statutes, are amended to read:
153 366.92 Florida renewable energy policy.—
154 (1) It is the intent of the Legislature to promote the
155 development of clean renewable energy; protect the economic
156 viability of Florida's existing clean renewable energy
157 facilities; diversify the types of fuel used to generate
158 electricity in Florida; lessen Florida's dependence on natural
159 gas and fuel oil for the production of electricity; minimize the
160 volatility of fuel costs; encourage investment within the state;
161 improve environmental conditions; and, at the same time,
162 minimize the costs of power supply to electric utilities and
163 their customers.
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 7 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
164 (2) As used in this section, the term:
165 (a) "Clean energy" includes energy produced by nuclear
166 reactors and includes renewable energy and renewable natural gas
167 as those terms are defined in s. 366.91.
168 (b)(a) "Provider" means a "utility" as defined in s.
169 366.8255(1)(a).
170 (b) "Renewable energy" includes renewable energy and
171 renewable natural gas as those terms are defined in s.
172 366.91(2).
173 (3) Each municipal electric utility and rural electric
174 cooperative shall develop standards for the promotion,
175 encouragement, and expansion of the use of clean renewable
176 energy resources and energy conservation and efficiency
177 measures. On or before April 1, annually, each municipal
178 electric utility and electric cooperative shall submit to the
179 commission a report that identifies such standards.
180 Section 5. Paragraph (m) is added to subsection (3) of
181 section 377.601, Florida Statutes, to read:
182 377.601 Legislative intent.—
183 (3) In furtherance of the goals in subsection (2), it is
184 the policy of the state to:
185 (m) Encourage the research, development, demonstration,
186 and application of domestic advanced nuclear energy resources.
187 Section 6. Subsection (1) of section 403.506, Florida
188 Statutes, is amended to read:
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 8 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
189 403.506 Applicability, thresholds, and certification.—
190 (1)(a) The provisions of This act applies shall apply to
191 any electrical power plant as defined herein, except that the
192 provisions of this act does shall not apply to the following,
193 unless the applicant has elected to apply for certification
194 under this act:
195 1. Any electrical power plant of less than 75 megawatts in
196 gross capacity, including its associated facilities, unless the
197 applicant has elected to apply for certification of such
198 electrical power plant under this act.
199 2. The provisions of this act shall not apply to Capacity
200 expansions of 75 megawatts or less, in the aggregate, of an
201 existing exothermic reaction cogeneration electrical generating
202 facility that was exempt from this act when it was originally
203 built; however, this exemption shall not apply if the unit uses
204 oil or natural gas for purposes other than unit startup.
205 3. Capacity expansions of 75 megawatts or less, in the
206 aggregate, of one or more advanced nuclear reactors as defined
207 in s. 403.541 installed within the boundaries of an electrical
208 power plant site previously certified under this act.
209 4. One or more advanced nuclear reactors as defined in s.
210 403.541 to be located within the boundaries of an electrical
211 power plant site previously certified under this act, provided
212 that:
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 9 of 10
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1461 (2026)
Amendment No.
213 a. The advanced nuclear reactor or reactors are intended
214 to replace an existing electrical power plant located on the
215 site.
216 b. The certificate holder intends to retire the existing
217 electrical power plant from service.
218 c. The gross capacity of the advanced nuclear reactor or
219 reactors, in the aggregate, does not exceed the gross capacity
220 of the electrical power plant to be retired.
221 5. One or more advanced nuclear reactors as defined in s.
222 403.541 that are not interconnected to this state's electrical
223 power grid and that are owned by an entity other
929505 - h1461-line 73.docx
Published On: 1/27/2026 3:58:44 PM
Page 10 of 10
HB 4045
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 4045 COMPANION BILL: None
TITLE: Jacksonville Aviation Authority, Consolidated LINKED BILLS: None
City Of Jacksonville, Duval County RELATED BILLS: None
SPONSOR(S): Duggan
Committee References
Intergovernmental Affairs Economic Infrastructure State Affairs
16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill amends the charter of the Jacksonville Aviation Authority to give the Authority responsibility for the
economic development of Cecil Airport and for growing Cecil Airport as an aerospace hub. The bill requires the
Authority to present an annual plan for the development of Cecil Airport to the council of the City of Jacksonville
along with its annual budget. The bill also revises the Authority’s thresholds for expenses that require a
competitive bid process.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill amends the charter of the Jacksonville Aviation Authority (Authority), a dependent special district of the
city of Jacksonville, to make the Authority responsible for the economic development of Cecil Airport. These
economic development responsibilities include the following activities:
Workforce development and training;
Infrastructure investments;
Job creation; and
Technology innovation.
The bill also makes the Authority responsible for establishing and growing Cecil Airport as an aerospace hub in
partnership with local economic development agencies. (Section 1)
The bill requires the Authority to present an annual plan for the development of Cecil Airport to the Jacksonville
City Council. This plan must be submitted for review concurrently with the submission of the Authority’s annual
budget. (Section 1)
The bill revises the Authority’s threshold for construction and repair costs that require a competitive bid process
from $50,000 to the Category Five threshold amount established in law.1 The bill also revises the threshold for
supplies, equipment, machinery, and material costs that require a competitive bid process from $25,000 to the
Category Three threshold amount established in law. (Section 1)
The bill provides an effective date of upon becoming a law. (Section 2)
1 S. 287.017, F.S.
STORAGE NAME: h4045b.EIS
DATE: 1/26/2026
1
HB 4045
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate within
a limited geographic boundary.2 Special districts are created by general law, special act, local ordinance, or rule of
the Governor and Cabinet.3 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.4 Special districts are funded through the
imposition of ad valorem taxes, fees, or charges on the users of those services as authorized by law.5
Special districts may be classified as dependent or independent based on their relationship with local general-
purpose governments. A special district is classified as “dependent” if the governing body of a single county or
municipality:
Serves as governing body of the district;
Appoints the governing body of the district;
May remove members of the district’s governing body at-will during their unexpired terms; or
Approves or can veto the budget of the district.6
A district is classified as “independent” if it does not meet any of the above criteria or is located in more than one
county, unless the district lies entirely within the boundaries of single municipality.7
Special districts are governed generally by the Uniform Special District Accountability Act (USDAA).8 The USDAA
centralizes provisions governing special districts and applies to the formation,9 governance,10 administration,11
supervision,12 merger,13 and dissolution14 of special districts, unless otherwise expressly provided in law.15 The
USDAA requires notice and publication of tentative budgets and final budgets.16 Certain budget amendments are
allowed up to 60 days following the end of the fiscal year.17
2 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
3 See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S. See generally s. 189.012(6), F.S.
4 Intergovernmental Affairs Subcommittee, Local Government Formation Manual, p. 56 (last visited Jan. 14, 2026).
5 The method of financing a district must be stated in its charter. Ss. 189.02(4)(g) and 189.031(3), F.S. Independent special
districts may be authorized to impose ad valorem taxes as well as non-ad valorem special assessments in the special acts
comprising their charters. See, e.g., ch. 2023-335, s. 1(6), Laws of Fla. (East River Ranch Stewardship District). See also, e.g., ss.
190.021 (community development districts), 191.009 (independent fire control districts), 197.3631 (non-ad valorem
assessments), 298.305 (water control districts), and 388.221, F.S. (mosquito control), See also ch. 2004-397, s. 3(27), Laws of
Fla. (South Broward Hospital District).
6 S. 189.012(2), F.S.
7 S. 189.012(3), F.S.
8 S. 189.01, F.S., but see ch. 190, F.S. (community development districts), ch. 191, F.S. (independent special fire control
districts), ch. 298, F.S. (water control districts), ch. 388, F.S. (mosquito control districts), and ch. 582, F.S. (soil and water
conservation districts).
9 See ss. 189.02 (creation of dependent special districts) and 189.031, F.S. (creation of independent special districts).
10 See s. 189.0311, F.S. (charter requirements for independent special districts).
11 See s. 189.019, F.S. (requiring codification of charters incorporating all special acts for the district).
12 See s. 189.0651, F.S. (oversight for special districts created by special act of the Legislature).
13 Ss. 189.071 and 189.074, F.S.
14 Ss. 189.071 and 189.072, F.S.
15 See, e.g., s. 190.004, F.S. (Ch. 190, F.S. as “sole authorization” for creation of community development districts).
16 S. 189.016(4), F.S.
17 S. 189.016(6), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 4045
Special districts do not possess “home rule” powers and may impose only those taxes, assessments, or fees
authorized by special or general law. The special act creating an independent special district may provide for
funding from a variety of sources while prohibiting others. For example, ad valorem tax authority is not mandatory
for a special district.18
Jacksonville Aviation Authority
The Jacksonville Aviation Authority (Authority) was established by the State of Florida in 2001 to own and operate
aviation facilities in Duval County.19 The Authority is governed by a seven-member board of directors, with three
members appointed by the Mayor of the City of Jacksonville and confirmed by the city council and four members
appointed by the Governor and confirmed by the Senate.20 Directors serve four-year terms with a maximum of two
successive terms.
The Authority operates an airport system that consists of four airports: Jacksonville International Airport,
Jacksonville Executive at Craig Airport, Herlong Recreational Airport, and Cecil Airport.21 The Authority has 301
full-time employees, including administration positions, airport management and operations, and police. The
Authority has no authority to levy ad valorem or special assessments.22 The Authority funds operating expenses
through aircraft landing fees, terminal fees and other rentals, and revenues from concessions.23 A capital
construction program is funded by debt issued by the Authority, federal and state grants, customer facility charges,
passenger facility charges, and Authority revenues.
The Authority’s operating revenues increased 16.41% in fiscal year 2023 due to increased passenger traffic and
demand for services.24 Revenues increased by an additional 21.32% in fiscal year 2024 due to increased hangar
space rentals and increased airline rates and charges. The Authority’s assets and deferred outflows exceeded
liabilities and deferred inflows of resources for fiscal year 2024 by approximately $780.70 million.
The Authority’s charter requires the Authority to undergo a competitive bidding process for any construction,
reconstruction, or repair work that exceeds $50,000.25 The charter also requires the Authority to conduct a
competitive bidding process for procurement of any supplies, equipment, machinery, and materials exceeding
$25,000.
Cecil Airport
In 1942, the United States Navy purchased the parcel of land for Naval Air Station Cecil Field.26 In 1999, the US
Navy decommissioned Cecil Field and the airfield was turned over to the Authority. The Airport currently provides
a base of operations for corporate aircraft, general aviation, air cargo, and National Guard and Reserve aviation.
The Airport offers access to railways, a deep-water port, and interstate highways. The Airport consists of 4
runways located on 6,098 acres situated 13 miles southwest of downtown Jacksonville. The longest of these
runways is 12,500 feet, which is the third longest in the state.
In 2007, the Authority began work on an application for an FAA Launch Site Operator License to conduct
horizontal space launches from Cecil Airport.27 The study determined that a carrier aircraft could safely depart a
spaceport located at Cecil, launch a captive-carried space vehicle into low earth orbit and return to the airport as a
conventional aircraft. In January of 2010, the FAA granted the Authority a launch site operator license to conduct
18 See, e.g., ch. 2006-354, Laws of Fla. (Argyle Fire District may impose special assessments, but has no ad valorem tax
authority).
19 Ch. 2001-319, Laws of Fla. See also chs. 2004-464 and 2005-382, Laws of Fla.
20Ch. 2004-464, s. 1(1), Laws of Fla.
21 Jacksonville Aviation Authority, Annual Financial Report Fiscal Year 2024, p. 4 (last visited Jan. 14, 2026).
22 See ch. 2004-464, s. 1(3) , Laws of Fla.
23 Jacksonville Aviation Authority, Annual Financial Report Fiscal Year 2024, p. 4 (last visited Jan. 14, 2026).
24 Id. at 6.
25 Ch. 2004-464. s. 1(10), Laws of Fla.
26 Jacksonville Aviation Authority, Annual Financial Report Fiscal Year 2024, p. 95 (last visited Jan. 14, 2026).
27 Cecil Spaceport, Frequently Asked Questions (last visited Jan. 14, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 4045
horizontal space launches from Cecil Spaceport. In 2012, the Legislature added Cecil Airport to the list of state
spaceport territories,28 thus making the Airport eligible for funding through the Florida Department of
Transportation and Space Florida.
As of September 2024, the Airport had 14 full-time employees.29 Two new hangars were completed at the airport
in fiscal year 2024, including a 400,000-square-foot hangar for existing tenant Boeing.30 The Airport is also
pursuing operators of horizontal reusable launch vehicles capable of delivering people, goods, and small satellites
into suborbital or orbital trajectories. In 2024, a hypersonic aircraft company entered an agreement with the
Authority and opened its doors at an existing hangar at Cecil Airport.
Competitive Bidding Process
The Legislature recognizes that fair and open competition reduces the appearance and opportunity for favoritism
and inspires public confidence that contracts are awarded equitably and economically.31 Chapter 287, F.S.
establishes uniform procedures to be utilized by state agencies in managing and procuring commodities and
contractual services.
Competitive solicitation is the process of requesting and receiving two or more sealed bids, proposals, or replies
submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method
of procurement.32 This process is required for procurement of commodities or contractual services in excess of the
threshold amounts provided in law.33 Current law establishes the following threshold amounts for specific
purchasing categories:
Category One: $20,000;
Category Two: $35,000;
Category Three: $65,000;
Category Four: $195,000;
Category Five: $325,000.34
Additionally, commercial service airports are required to use competitive solicitation processes for purchases of
commodities or contractual services that exceed the Category Five threshold not within any other provision of law
to the contrary.35 Of the airports operated by the Authority, this provision only applies to Jacksonville International
Airport.36
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.37 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website38 at least 30 days prior to the
introduction of the local bill in the House or Senate.39 The bill was noticed in the Jacksonville Daily Record on Nov.
20, 2025.
28 Ch. 2012-104, Laws of Fla.
29 Jacksonville Aviation Authority, Annual Financial Report Fiscal Year 2024, p. 89 (last visited Jan. 14, 2026).
30 Jacksonville Aviation Authority, Annual Financial Report Fiscal Year 2024, p. 14 (last visited Jan. 14, 2026).
31 S. 287.001, F.S.
32 S. 287.012(6), F.S.
33 See s. 287.057, F.S.
34 S. 287.017, F.S.
35 S. 332.0075(3)(a), F.S.
36 See Fla. Dept. of Transportation, Airport Air Service Profiles (last visited Jan 14. 2026).
37 Art. III, s. 10, Fla. Const.
38 S. 50.0311(2), F.S.
39 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 4045
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
possible.40 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
Local Bill Certification Form
Economic Impact Statement Form
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 16 Y, 0 N 1/20/2026 Darden Hilliard
Subcommittee
Economic Infrastructure 1/26/2026 Keating Dallas
Subcommittee
State Affairs Committee
40 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Jan. 14, 2026).
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 4045 2026
1 A bill to be entitled
2 An act relating to the Jacksonville Aviation
3 Authority, Consolidated City of Jacksonville, Duval
4 County; amending chapter 2004-464, Laws of Florida, as
5 amended by chapter 2005-328, Laws of Florida;
6 providing that the Jacksonville Aviation Authority is
7 responsible for the economic development of Cecil
8 Airport as a regional, state, and national aerospace
9 and related-industry hub; defining the term "aerospace
10 and related industry"; revising the definition of the
11 term "project"; requiring annual presentation of an
12 economic development plan for Cecil Airport to the
13 council of the City of Jacksonville for review;
14 revising threshold amounts for certain purchases by
15 the authority; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (1) of section 1, sections 2 and 5,
20 and subsections (1) and (2) of section 10 of chapter 2004-464,
21 Laws of Florida, as amended by chapter 2005-328, Laws of
22 Florida, are amended to read:
23 Section 1. Creation of Jacksonville Aviation Authority.—
24 (1) The charter provisions concerning the airport
25 operations of the former Jacksonville Port Authority established
Page 1 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
26 pursuant to Chapter 2001-319, Laws of Florida, as amended, are
27 hereby amended and restated in their entirety to read as
28 follows: There is hereby created and established as of October
29 1, 2001, a separate body politic and corporate to be known as
30 the Jacksonville Aviation Authority and hereinafter referred to
31 singly as the "authority," which is created as an agency and
32 political subdivision of the State of Florida in the nature of
33 counties and not municipalities. This authority is authorized to
34 exercise its jurisdiction, powers, and duties within the
35 geographic area defined by the boundary lines of Duval County as
36 established by section 7.16, Florida Statutes, which boundary
37 lines also define the geographic area of the City of
38 Jacksonville, and outside such boundary lines as hereinafter
39 provided. The Jacksonville Aviation Authority shall operate,
40 manage, and control all of the publicly owned airports and
41 ancillary facilities located within Duval County and outside
42 such boundary lines as hereinafter provided. The authority is
43 also responsible for the economic development of Cecil Airport,
44 which shall include, but is not limited to, activities and
45 projects that support workforce development and training,
46 infrastructure investments, job creation, and technology
47 innovation, and is further charged with establishing and growing
48 Cecil Airport as a regional, state, and national aerospace and
49 related-industry hub in partnership with the economic
50 development agency or agencies of the City of Jacksonville. The
Page 2 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
51 authority was separated from the former Jacksonville Port
52 Authority pursuant to 2001-319, Laws of Florida, as amended, and
53 this separation shall be reviewed for performance and efficiency
54 after a period of 4 years from October 1, 2001.
55 Section 2. Definitions.—In the interpretation hereof, the
56 following words and terms shall be taken to include the
57 following meanings when the context shall require or permit:
58 (1) The term "aerospace and related industry" means and
59 includes the design, development, manufacturing, maintenance,
60 logistics, operation, use, and service of aircraft and
61 spacecraft for civilian, government, and military applications,
62 including subsystems and components thereof, and other
63 industries in substantial relation thereto.
64 (2)(1) The term "bonds" means and embraces bonds, notes,
65 certificates, and other financial obligations issued by the
66 authority for financing or refinancing purposes and, except
67 where otherwise required by the context, notes and other
68 instruments executed to evidence obligations of the authority
69 for the repayment of borrowed funds.
70 (3)(2) The term "county" means the County of Duval.
71 (4)(3) The term "city" or "City of Jacksonville" means the
72 consolidated government of the City of Jacksonville created
73 pursuant to section 9, Article VIII of the State Constitution.
74 (5)(4) The term "federal agency" means and includes the
75 United States, the President of the United States, and any
Page 3 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
76 department, or corporation, agency, or instrumentality thereof,
77 heretofore or hereafter created, designated, or established by
78 the United States.
79 (6)(5) Words importing the singular number shall include
80 the plural number in each case and vice versa, and words
81 importing persons shall include firms and corporations.
82 (7)(6) The term "project" embraces any one or any
83 combination of two or more of the following, to wit: facilities
84 for the construction, manufacture, repair, or maintenance of
85 airplanes, helicopters, spacecraft, and aircraft of all kinds;
86 other facilities, directly or indirectly related to the
87 promotion and development of airborne, and airport and aerospace
88 and related-industry activities, commerce, travel, exploration,
89 and researching; and other airport and aerospace and related-
90 industry facilities of all kinds, including, but not limited to,
91 landings, ramps, runways, taxiways, warehouses, terminals,
92 refrigeration, and cold storage plants and facilities, tiedown
93 and parking areas and facilities, intermodal, railroad, air, and
94 motor terminals for passengers, freight, exploration, and
95 research, rolling stock, airplanes, helicopters, spacecraft,
96 conveyors, and appliances of all kinds for the handling,
97 storage, inspection, and transportation of freight and the
98 handling of passenger traffic, mail, express, and freight,
99 administration and service buildings, toll highways, tunnels,
100 causeways, and bridges connected therewith or incident or
Page 4 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
101 auxiliary thereto, and may include all property, structures,
102 facilities, rights, easements, and franchises relating to any
103 such project deemed necessary or convenient for the acquisition,
104 construction, purchase, or operation thereof. The authority is
105 authorized to use such of its real property as it deems fit for
106 facilities for recreational programs and activities, provided,
107 however, that such programs and activities are approved by a
108 simple majority vote of the Jacksonville City Council.
109 (8)(7) The term "cost," as applied to improvements, means
110 the cost of constructing or acquiring improvements as
111 hereinabove defined and shall embrace the cost of all labor and
112 materials, the cost of all machinery and equipment, financing
113 charges, the cost of engineering and legal expenses, plans,
114 specifications, and such other expenses as may be necessary or
115 incident to such construction or acquisition.
116 (9)(8) The term "cost," as applied to a project acquired,
117 constructed, extended, or enlarged, includes the purchase price
118 of any project acquired, the cost of improvements, the cost of
119 such construction, extension, or enlargement, the cost of all
120 lands, properties, rights, easements, and franchises acquired,
121 the cost of all machinery and equipment, financing charges,
122 interest during construction, and, if deemed advisable, for up
123 to 1 year after completion of construction, cost of
124 investigations and audits, and of engineering and legal
125 services, and all other expenses necessary or incident to
Page 5 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
126 determining the feasibility or practicability of such
127 acquisition or construction, administrative expense, and such
128 other expenses as may be necessary or incident to the financing
129 herein authorized and to the acquisition or construction of a
130 project and the placing of the same in operation. Any cost,
131 obligation or expense incurred by the authority prior to the
132 issuance of revenue bonds under the provisions of this act,
133 including, without limitation, costs for engineering studies and
134 for estimates of cost and of revenue and for other technical,
135 financial, or legal services in connection with the acquisition
136 or construction of any project, may be regarded as a part of the
137 cost of such project.
138 Section 5. Budget and finance; plan for economic
139 development.—
140 (1) The fiscal year of the authority shall commence on
141 October 1 of each year and end on the following September 30.
142 The authority shall prepare and submit its budget to the council
143 of the City of Jacksonville on or before July 1 for the ensuing
144 fiscal year. The council, consistent with the provisions of the
145 Charter of the City of Jacksonville, may increase or decrease
146 the appropriation (budget) requested by the authority on a total
147 basis or a line-by-line basis; however, the appropriation for
148 construction, reconstruction, enlargement, expansion,
149 improvement, or development of any project or projects
150 authorized to be undertaken by the former Jacksonville Port
Page 6 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
151 Authority and the authority shall not be reduced below the
152 amount required under the terms and provisions of any
153 outstanding bonds.
154 (2) Simultaneously with the submittal of its budget as
155 provided in subsection (1), the authority shall also prepare and
156 present to the council of the City of Jacksonville a plan for
157 the economic development of Cecil Airport. The plan shall be
158 presented for annual review by the council of the City of
159 Jacksonville concurrently with its review of the annual budget
160 pursuant to subsection (1).
161 Section 10. Award of contracts.—
162 (1) If the total cost, value, or amount of construction,
163 reconstruction, repairs, or work of any nature, including the
164 labor and materials, exceeds the CATEGORY FIVE threshold amount
165 established in section 287.017, Florida Statutes, as may be
166 amended from time to time, $50,000 when purchased by the
167 authority, any such construction, reconstruction, repairs, or
168 work exceeding the foregoing amount established for the
169 authority shall be done only under contract or contracts to be
170 entered into by the authority with the lowest responsible bidder
171 upon proper terms and after due public notice has been given
172 asking for competitive bids as hereinafter provided. The
173 foregoing requirement for competitive bidding shall not apply to
174 construction, reconstruction, repairs, or work done by employees
175 of the authority or by labor supplied under agreement with the
Page 7 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
176 Federal Government or state government. The authority shall keep
177 a current list of responsible bidders and, whenever the
178 authority shall award a contract, the bidder shall come from
179 such list. No contract shall be entered into for construction,
180 improvement, or repair of any project, or any part thereof,
181 unless the contractor shall have given an undertaking with a
182 sufficient surety or sureties, approved by the authority and in
183 an amount fixed by the authority, for the faithful performance
184 of the contract. All such contracts shall provide, among other
185 things, that the person or corporation entering into such
186 contract with the authority will pay for all materials furnished
187 and services rendered for the performance of the contract and
188 that any person or corporation furnishing such materials or
189 rendering such services may maintain an action to recover for
190 the same against the obligor in the undertaking, as though such
191 person or corporation were named therein, provided the action is
192 brought within 1 year after the time the cause of action
193 accrued. Nothing in this section shall be construed to limit the
194 power of the authority to construct any project, or any part
195 thereof, or any addition, betterment, or extension thereto,
196 directly by the officers, agents, and employees of the
197 authority, or otherwise, other than by contract.
198 (2) All supplies, equipment, machinery, and materials
199 exceeding the CATEGORY THREE threshold amount established in
200 section 287.017, Florida Statutes, as may be amended from time
Page 8 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4045 2026
201 to time, $25,000 in cost purchased by the authority shall be
202 purchased by the authority only after due advertisement as
203 provided hereinafter. When purchasing supplies, equipment,
204 machinery, and materials pursuant to competitive bid as mandated
205 herein, the authority shall accept the lowest bid or bids, kind,
206 quality, and material being equal, but the authority shall have
207 the right to reject any or all bids or select a single item from
208 any bid. The provision as to bidding shall not apply to the
209 purchase of patented and manufactured products offered for sale
210 in a noncompetitive market or solely by a manufacturer's
211 authorized dealer.
212 Section 2. This act shall take effect upon becoming a law.
Page 9 of 9
CODING: Words stricken are deletions; words underlined are additions.
hb4045-00
File and source
- File
- 2026-01-28_3286_economic-infrastructure-subcommittee_meeting-packets_fn-eis-1-28-26.pdf
- Size
- 3,668,956 bytes
- SHA-256
- 5a2a396218de76827ab998c1a45e71083cbfa5fa7e37dab2e872b5b9b6877fe9
- Original
- No public link identified.