Local Governments in Florida Can No Longer Require Electric Vehicle Charging Stations | Insights

Florida Senate Invoice 1084 (the Invoice), which was handed by the legislature on March 6, 2024, and was signed by Gov. Ron DeSantis on Might 1, took impact on July 1, 2024. The Invoice addresses myriad points, together with the regulation of electrical car (EV) charging stations that was beforehand underneath the purview of native governments. For instance, in Miami-Dade County, the necessities for EV charging stations in new actual property initiatives have been set forth by County Ordinance 19-17 (the Ordinance), sponsored by then-Commissioner Daniella Levine Cava and adopted by the Board of County Commissioners on March 5, 2019.

Miami-Dade County’s EV Ordinance No Longer Enforceable

The Ordinance required a variety of parking areas to be put aside for the charging of EVs at new actual property developments (e.g., residence complexes, workplace buildings and buying facilities) within the County’s unincorporated areas, with restricted exceptions. The required EV areas didn’t have to be furnished with the charging gear if the circuitry essential to help the gear was put in. The County’s EV area necessities are offered within the following desk.

Compliance with New State Statutory Necessities

The Invoice expressly supplies that “the regulation of electrical car charging stations is preempted to the state,” and {that a} native authorities “might not enact or implement an ordinance or regulation associated to electrical car charging stations,” after July 1, 2024. Consequently, the County’s EV necessities and native rules comparable thereto can’t be enforced. Going ahead, it will likely be the duty of the Florida Division of Agriculture and Client Companies (FDACS) to manage this space to “permit for consistency for customers and the business.”

As of this writing, FDACS had not but formally revealed any proposed guidelines.

When you’ve got any questions or would really like help concerning these rules, please contact the authors.

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