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LEGISLATION SPOTLIGHT:
ENERGY & UTILITIES POLICY
Many bills have been filed this year seeking to create or amend the regulations governing electric utilities, water and wastewater utilities, the purview of the Public Service Commission, and the role of new and existing technologies - such as data centers, solar, and nuclear power - in Florida. We highlight a number of these bills below, with a focus on those that have a chance of passing into law.
In December 2025, Governor Ron DeSantis announced a proposal to protect Floridians from footing the bill for Hyperscale AI Data Centers and to empower local governments to reject their development in their communities. Many elements of the Governor’s proposal can be found in the current versions of the House and Senate bills relating to data centers, below.
Data Centers: SB 484 (Sen. Avila) / HB 1007 (Rep. Griffitts) – Establishes a framework for the governance of large data centers in the state. Specifically, the legislation would:
- Define “Large-scale data center” as a single location with a data center on site with an anticipated monthly peak load of 50 megawatts or more calculated as the highest average load over a 15-minute interval.
- Prohibit agencies from entering into nondisclosure agreements that prevent public disclosure of potential data center projects and impose fines for violations.
- Limit the ability of a data center to benefit from existing public record exemptions relating to economic incentive agreements and the disclosure of plans to locate or expand in the state.
- Require an applicant for a new data center to demonstrate compliance with certain radiofrequency and noise control regulations when the proposed site is located within five miles of a school or residential property. (HB 1007 only)
- Require the Public Service Commission to develop specialized tariffs for large load customers, such as large data centers, to ensure they pay for their own cost of service and minimize the risk of nonpayment of such costs to the maximum extent practicable.
- Prohibit public electric utilities from knowingly providing service to large-load facilities owned or controlled by foreign countries of concern.
- Create a consumptive use permitting framework for large-scale data centers that ensures state water resources are used in the public interest, including the use of reclaimed water when available.
SB 484 was passed by the full Senate chamber on Thursday, February 26 by a vote of 37 to 0. HB 1007 was voted favorably out of the House Commerce Committee on Thursday, February 26, and is available to be heard by the full House chamber.
Utilities: SB 1014 (Sen. Mayfield) / HB 1075 (Reps. Sirois & Oliver)
- Requires municipal water and wastewater utilities to provide services outside its boundaries when certain proximity, capacity and related conditions are met.
- Requires a municipality to provide services to county-designated economic development zones. (HB 1075 only)
- Preempts the application of more burdensome and restrictive municipal land use regulations on property owned by another political subdivision within the municipality under certain circumstances. (HB 1075 only)
- Revises a number of governance-related provisions relating to rural electric cooperatives, such as allowing email notice for meetings, increasing minimum quorum requirements for general business and trustee elections, and authorizing internet-based voting. (HB 1075 only)
SB 1014 was passed by the full Senate chamber on Wednesday, February 25 by a vote of 37 to 0. HB 1075 was voted favorably out of the Commerce Committee on Tuesday, February 24, and is available to be heard by the full House chamber.
Utility Services: SB 1724 (Sen. Martin) / HB 1451 (Rep. Busatta) – Revises regulations governing the provision of utility services by a municipality outside its boundaries, including requirements that a municipality must:
- Hold public meeting(s) and enter into a written agreement before providing or extending electric, natural gas, water, or sewer services.
- Hold annual public meetings concerning fees, rates, services, and charges.
- Annually report utility usage, revenue, and rate differential information to the Public Service Commission, which must be compiled and submitted to the Governor and Legislature.
- Limit or eliminate certain rate differentials and surcharges allowed under current law.
- Preempts the subject of certain regional utility authorities to the state. (HB 1451 only)
SB 1724 is available to be heard by the full Senate chamber. HB 1451 was voted favorably out of the Commerce Committee on Tuesday, February 24, and is scheduled to be heard by the full House chamber on Tuesday, March 3.
Rural Electric Cooperatives: SB 288 (Sen. Rodriguez) / HB 379 (Rep. Shoaf) – Clarifies that a rural electric cooperative may limit the energy types and sources it uses to produce the electrical power that it purchases or generates but may not take actions that have the effect of restricting another entity’s energy choices. SB 288 was passed by the full Senate chamber and is in House in Messages. HB 379 is available to be heard by the full House chamber.
Local Government Net Zero Policies: SB 1628 (Sen. Avila) / HB 1217 (Reps. Snyder & Jacques) – Generally prohibits the enforcement or adoption of net zero policies, carbon taxes, or emission trading programs by governmental entities, including requirements related to reducing the use of carbon-intensive products and activities, greenhouse gases, and policies related to achieving goals under the Paris Agreement. The bill would apply broadly to all forms of state and local government and independent establishments created by such entities. SB 1628 is in the Senate Finance and Tax Committee, but similar language was also added to the Senate Tax Package filed last Friday, February 20 (SB 7046) and will be heard in the Senate Appropriations Committee on Monday, March 2. HB 1217 was voted favorably out of the Commerce Committee on Tuesday, February 24, and is available to be heard by the full House chamber.
Department of Environmental Protection: SB 1510 (Sen. Massullo) / HB 1417 (Rep. LaMarca). The DEP agency package includes a provision that would create stormwater best management practices (BMPs) for the construction of solar facilities. Specifically, it requires an applicant for a stormwater permit to incorporate additional, site-specific protections into their erosion and sediment control plan, including soil percolation testing, stormwater BMPs and erosion controls based on 100-year storms, and provide for certain inspections during construction. Similarly, a pair of bills that are no longer moving (SB 200 by Sen. Bradley & HB 193 by Rep. Boyles) would have required the Public Service Commission (PSC) to develop analogous BMPs, and also included provisions authorizing local governments to adopt ordinances requiring the decommissioning of solar facilities at the end of the facility’s useful life and related financial assurances.
SB 1510 is on the agenda for the Senate Fiscal Policy Committee on Monday, March 2. HB 1417 was voted favorably out of the State Affairs Committee on Thursday, February 26, and is scheduled to be heard by the full House chamber on Wednesday, March 4.
Public Service Commission: SB 126 (Sen. Gaetz) / HB 187 (Rep. Andrade) – Creates or amends a number of regulations governing the PSC. Specifically, the legislation would:
- Require the PSC to provide adequate support for its conclusions when issuing orders, and to explain its decisions and provide more detailed information when issuing certain orders.
- Mandate that the allowable rate of return on equity may not exceed the national average for public utilities.
- Expand the number of commissioners from 5 to 7, and require one commissioner be a CPA and another a chartered financial analyst.
- Require the PSC to establish a schedule for rate change requests and annually report certain information concerning public utilities, such as rate changes, cost impacts, and executive compensation.
SB 126 was amended to also include provisions that would require:
- Parties presenting a settlement to the PSC to negotiate with the Public Counsel in good faith.
- Associations seeking to intervene in PSC proceeding to disclose certain information and the PSC rule on such challenges within 30 days.
- The PSC to consider affordability in proceedings that may impact utility rates.
- The PSC to use certain financial models when evaluating return on equity.
These bills are most likely dead this Session. SB 126 was voted out of its first committee of reference in December but has not advanced since that date. HB 187 was never heard.
Stearns Weaver Miller will continue to monitor legislation impacting energy and utilities as the 2026 Session progresses.
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