Fla. Stat. 366.94
Electric vehicle charging


(1)

The provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of this chapter. The rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under this chapter. This section does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles.

(2)

The regulation of electric vehicle charging stations is preempted to the state.A local governmental entity may not enact or enforce an ordinance or regulation related to electric vehicle charging stations.The Department of Agriculture and Consumer Services shall adopt rules to provide requirements for electric vehicle charging stations to allow for consistency for consumers and the industry.

(a)

A local governmental entity may not enact or enforce an ordinance or regulation related to electric vehicle charging stations.

(b)

The Department of Agriculture and Consumer Services shall adopt rules to provide requirements for electric vehicle charging stations to allow for consistency for consumers and the industry.

(3)(a)

It is unlawful for a person to stop, stand, or park a vehicle that is not capable of using an electrical recharging station within any parking space specifically designated for charging an electric vehicle.If a law enforcement officer finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18.

(3)(a)

It is unlawful for a person to stop, stand, or park a vehicle that is not capable of using an electrical recharging station within any parking space specifically designated for charging an electric vehicle.

(b)

If a law enforcement officer finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18.

(4)

Upon petition of a public utility, the commission may approve voluntary electric vehicle charging programs to become effective on or after January 1, 2025, to include, but not be limited to, residential, fleet, and public electric vehicle charging, upon a determination by the commission that the utility’s general body of ratepayers, as a whole, will not pay to support recovery of its electric vehicle charging investment by the end of the useful life of the assets dedicated to the electric vehicle charging service. This provision does not preclude cost recovery for electric vehicle charging programs approved by the commission before January 1, 2024.

Source: Section 366.94 — Electric vehicle charging, https://www.­flsenate.­gov/Laws/Statutes/2024/0366.­94 (accessed Aug. 7, 2025).

366.01
Legislative declaration
366.02
Definitions
366.03
General duties of public utility
366.04
Jurisdiction of commission
366.05
Powers
366.06
Rates
366.07
Rates
366.08
Investigations, inspections
366.09
Incrimination at hearing of commission
366.10
Judicial review
366.11
Certain exemptions
366.13
Taxes, not affected
366.14
Regulatory assessment fees
366.015
Interagency liaison
366.15
Medically essential electric public utility service
366.031
Definitions
366.032
Preemption over utility service restrictions
366.041
Rate fixing
366.042
Mutual aid agreements of rural electric cooperatives and municipal electric utilities
366.051
Cogeneration
366.055
Availability of, and payment for, energy reserves
366.057
Retirement of electrical power plants
366.071
Interim rates
366.072
Rate adjustment orders
366.075
Experimental and transitional rates
366.076
Limited proceedings
366.80
Short title
366.81
Legislative findings and intent
366.82
Definition
366.83
Certain laws not applicable
366.91
Renewable energy
366.92
Florida renewable energy policy
366.93
Cost recovery for the siting, design, licensing, and construction of nuclear and integrated gasification combined cycle power plants
366.093
Public utility records
366.94
Electric vehicle charging
366.095
Penalties
366.95
Financing for certain nuclear generating asset retirement or abandonment costs
366.96
Storm protection plan cost recovery
366.97
Redundant poles
366.98
Public utility liability arising out of emergencies and disasters
366.99
Natural gas facilities relocation costs
366.125
Natural gas jurisdiction limits
366.825
Clean Air Act compliance
366.8255
Environmental cost recovery
366.8260
Storm-recovery financing

Current through Fall 2025

§ 366.94. Elec. vehicle charging's source at flsenate​.gov