THE BILL ITSELF
CS/HB 1217
Prohibited Governmental Policies Regulating Greenhouse Gas Emissions
2
An act relating to prohibited governmental policies
3
regulating greenhouse gas emissions; creating s.
4
377.816, F.S.; providing legislative findings;
5
providing definitions; prohibiting governmental
6
entities from adopting certain net zero policies;
7
prohibiting governmental entities from using public
8
funds in any manner that supports, implements, or
9
advances certain net zero policies; prohibiting
10
governmental entities from imposing any charge to
11
advance certain net zero policies; requiring each
12
governmental entity to annually submit to the
13
Department of Revenue a certain affidavit; prohibiting
14
governmental entities from implementing,
15
administering, or enforcing certain programs;
16
providing construction; providing applicability;
17
amending ss. 125.01, 166.021, and 166.201, F.S.;
18
conforming provisions to changes made by the act;
19
providing an effective date.
21
Be It Enacted by the Legislature of the State of Florida:
23
Section 1. Section 377.816, Florida Statutes, is created
24
to read:
25
377.816 Prohibiting the adoption or implementation of net
26
zero policies by governmental entities.—
27
(1) The Legislature finds that net zero policies, carbon
28
taxes and assessments, and emission trading programs are
29
detrimental to this state's energy security and economic
30
interests and inconsistent with the energy policy and the
31
environmental policy of this state.
32
(2) As used in this section:
33
(a) "Emission trading program," also known as a "cap-and-
34
tax" or "cap-and-trade" program, means any program that
35
establishes a greenhouse gas emission limit for a particular
36
activity and provides for the allocation, auction, sale, or
37
transfer of emissions allowances or credits among pollutant
38
sources as a means of compliance with such limits.
39
(b) "Governmental entity" has the same meaning as in s.
40
215.985.
41
(c) "Greenhouse gas" means any of the following gases, or
42
a combination thereof:
43
1. Carbon dioxide.
44
2. Methane.
45
3. Nitrous oxide.
46
4. Hydrofluorocarbons.
47
5. Perfluorocarbons.
48
6. Sulphur hexafluoride.
49
7. Nitrogen trifluoride.
50
(d) "Public funds" means all moneys under the jurisdiction
51
or control of a governmental entity.
52
(e) "Net zero policy" means any policy, program, or
53
initiative designed to achieve a balance between total amount of
54
greenhouse gas emitted into the atmosphere with an equal amount
55
removed from the atmosphere.
56
(3) A governmental entity may not enact or enforce, or
57
require any person or legal entity to enact or enforce, a
58
resolution, ordinance, rule, code, or policy to support a net
59
zero policy, including as a condition of any contract or
60
agreement between the governmental entity and a third party.
61
(4) A governmental entity may not use, pay, or distribute
62
public funds in any manner that supports, implements, or
63
advances a net zero policy by doing any of the following:
64
(a) Providing procurement or purchasing preferences for a
65
product or vendor on the basis that the procurement or purchase
66
of such product or from such vendor will advance or support a
67
net zero policy.
68
(b) Providing procurement or purchasing preferences for
69
any goods, including, but not limited to, vehicles, equipment,
70
appliances, or other products, based solely on the types or
71
sources of fuel used by, or used in the production of, such
72
goods.
73
(c) Using public funds to pay dues, membership fees,
74
subscription fees, or charitable contributions to any
75
nongovernmental agency or other private organization, including
76
any trade association or organization, that:
77
1. Adopts a net zero policy;
78
2. Requires adoption of, or any commitment to support, a
79
net zero policy as a condition of membership or of receiving any
80
benefit of membership; or
81
3. Uses such funds to advocate for a net zero policy.
82
(5)(a) A governmental entity may not impose any charge,
83
including a tax, fee, penalty, offset, or assessment, to advance
84
a net zero policy, including, but not limited to:
85
1. A charge based on the carbon content of a fuel.
86
2. A charge based on the emission of greenhouse gases that
87
results from the use, production, or consumption of any product,
88
service, or activity.
89
3. A charge assessed in connection with an emission
90
trading program.
91
(b) Each governmental entity shall annually submit to the
92
Department of Revenue an affidavit, signed under penalty of
93
perjury by an authorized official of the governmental entity,
94
attesting to compliance with this subsection.
95
(6) A governmental entity may not implement, administer,
96
or enforce any program or join any organization that has a
97
policy of:
98
(a) Establishing a statewide, regional, or geographic
99
limit or cap on the amount of greenhouse gas emissions that
100
results from the use, production, or consumption of any product
101
or from any activity.
102
(b) Requiring or incentivizing a governmental entity or
103
any person in this state to participate in an emissions trading
104
program.
105
(7) The restrictions of this section do not prevent:
106
(a) The board of a municipality or governmental entity
107
which owns or operates and directly controls an electric or
108
natural gas utility from passing rules, regulations, or policies
109
governing the utility.
110
(b) The Public Service Commission from exercising its
111
powers and duties to regulate public utilities in accordance
112
with applicable law.
113
(c) A governmental entity from otherwise exercising its
114
authority as provided by general law, including by implementing
115
energy policies consistent with the energy policies set forth in
116
s. 377.601 or implementing local and regional air and water
117
pollution control programs consistent with the environmental
118
policies set forth in s. 403.021.
119
(8) This section applies to any proposed action by a
120
governmental entity on or after July 1, 2026, that is not
121
otherwise permissible by general law.
122
Section 2. Paragraphs (g), (h), and (r) of subsection (1)
123
of section 125.01, Florida Statutes, are amended to read:
124
125.01 Powers and duties.—
125
(1) The legislative and governing body of a county shall
126
have the power to carry on county government. To the extent not
127
inconsistent with general or special law, this power includes,
128
but is not restricted to, the power to:
129
(g) Prepare and enforce comprehensive plans for the
130
development of the county, to the extent such plans do not
131
contain the prohibitions in s. 377.816.
132
(h) Establish, coordinate, and enforce zoning and such
133
business regulations as are necessary for the protection of the
134
public, to the extent such zoning and business regulations do
135
not include the prohibitions in s. 377.816.
136
(r) Levy and collect taxes, both for county purposes and
137
for the providing of municipal services within any municipal
138
service taxing unit, and special assessments; borrow and expend
139
money; and issue bonds, revenue certificates, and other
140
obligations of indebtedness, excluding the prohibitions in s.
141
377.816, which power shall be exercised in such manner, and
142
subject to such limitations, as may be provided by general law.
143
A There shall be no referendum is not required for the levy by a
144
county of ad valorem taxes, both for county purposes and for the
145
providing of municipal services within any municipal service
146
taxing unit.
147
1. Notwithstanding any other provision of law, a county
148
may not levy special assessments on lands classified as
149
agricultural lands under s. 193.461 unless the revenue from such
150
assessments has been pledged for debt service and is necessary
151
to meet obligations of bonds or certificates issued by the
152
county which remain outstanding on July 1, 2023, including
153
refundings thereof for debt service savings where the maturity
154
of the debt is not extended. For bonds or certificates issued
155
after July 1, 2023, special assessments securing such bonds may
156
not be levied on lands classified as agricultural under s.
157
193.461.
158
2. The provisions of Subparagraph 1. does do not apply to
159
residential structures and their curtilage.
160
Section 3. Subsection (2) of section 166.021, Florida
161
Statutes, is amended to read:
162
166.021 Powers.—
163
(2) "Municipal purpose" means any activity or power which
164
may be exercised by the state or its political subdivisions. The
165
term does not include any activity or power exercised relating
166
to the prohibitions in s. 377.816.
167
Section 4. Section 166.201, Florida Statutes, is amended
168
to read:
169
166.201 Taxes and charges.—Subject to the prohibitions in
170
s. 377.816, a municipality may raise, by taxation and licenses
171
authorized by the constitution or general law, or by user
172
charges or fees authorized by ordinance, amounts of money which
173
are necessary for the conduct of municipal government and may
174
enforce their receipt and collection in the manner prescribed by
175
ordinance not inconsistent with law.
176
Section 5. This act shall take effect July 1, 2026.