Electricity Laws and Incentives in Florida

The list below contains summaries of all Florida laws and incentives related to electricity.

Laws and Regulations

Authorization for Alternative Fuel Infrastructure Incentives

Local governments may use income from the infrastructure surtax to provide loans, grants, or rebates to residential or commercial property owners to install electric vehicle chargers, propane fueling stations, and natural gas fueling stations, if a local government ordinance authorizing this use is approved by referendum.

(Reference Florida Statutes 206.9951 and 212.055)

Electric Vehicle (EV) Charger Regulations for State and Local Governments

The Florida Department of Agriculture and Consumer Services must adopt rules to establish requirements for EV chargers. Regulation of EV chargers may only be done by the state government. Local governments may not enact or enforce ordinances or regulations relating to EV chargers.

(Reference Senate Bill 1084, 2024)

Electric Vehicle (EV) Charger Rules

A person may not stop, stand, or park a vehicle that is not capable of using EV chargers in a parking space designated for EVs. To allow for consistency for consumers and the industry, the Florida Department of Agriculture and Consumer Services must adopt additional rules to provide definitions, methods of sale, labeling requirements, and price-posting requirements for EV chargers.

(Reference Florida Statutes 366.94)

Electric Vehicle (EV) Charging Program Authorization

The Public Utility Commission is authorized to approve voluntary residential, fleet, and public EV charging programs that begin on or after January 1, 2025. Additional terms apply.

(Reference Florida Statutes 366.94)

Electric Vehicle (EV) Charging Station and Natural Gas Vehicle (NGV) Policies for Condominiums

Condominium associations may not prohibit or restrict the installation or use of an EV charger or NGV fueling station in a homeowner’s designated parking space. Condominium associations may put reasonable restrictions on EV chargers or NGV fueling stations, but the policies may not significantly increase the cost of the EV charger or NGV fueling station or prohibit installation. Homeowners may be required to comply with applicable safety codes and architectural standards, engage a licensed installation contractor, provide a certificate of insurance, and reimburse the cost of any increased insurance premium associated with the EV charger or NGV fueling station. The homeowner of the parking space equipped with EV chargers or NGV fuel is responsible for the cost of the installation, operation, maintenance, repair, removal, or replacement of the station, as well as any resulting damage to the EV charger or surrounding area.

(Reference Florida Statutes 718.113)

Electric Vehicle (EV) Insurance Regulation

Insurance companies may not impose surcharges on EVs based on factors such as new technology, passenger payload, weight-to-horsepower ratio, and the types of material used to manufacture the vehicle, unless the Florida Office of Insurance Regulation receives actuarial data that determines the surcharges are justified.

(Reference Florida Statutes 627.06535)

Public Utility Definition

Electric vehicle (EV) charging made available to the public by a non-utility is not considered a retail sale of electricity and, therefore, the rates, terms, and conditions of EV charging services are not subject to regulation.

(Reference Florida Statutes 366.94)

State Highway Electrification Plan

The Florida Department of Transportation (FDOT) must create a master plan for the development of electric vehicle (EV) chargers along the State Highway System by July 1, 2021. FDOT will also establish staging area that will include EV chargers at key locations along the State Highway system to be used as emergency evacuation stops. FDOT published the EV Master Plan in 2021.

(Reference Florida Statutes 339.287 and 338.236)

State Incentives

Electric Vehicle (EV) Charger Financing Authorization

Local governments may offer funding to property owners within their jurisdiction to help finance EV charger installations on their property or enter into a financing agreement for the same purpose. For additional information, property owners should contact their local government.

(Reference Florida Statutes 163.08)

Florida’s National Electric Vehicle Infrastructure (NEVI) Planning

The U.S. Department of Transportation’s (DOT) NEVI Formula Program requires the Florida Department of Transportation (FDOT) to submit an annual EV Infrastructure Deployment Plan (Plan) to the DOT and U.S. Department of Energy (DOE) Joint Office of Energy and Transportation (Joint Office), describing how the state intends to distribute NEVI funds. The submitted plans must be established according to NEVI guidance.

For more information about Florida’s NEVI planning process, see the FDOT Electric Vehicle Infrastructure Funding website. To review Florida’s NEVI plan, see the Joint Office State Plans for EV Charging website.

High Occupancy Vehicle (HOV) Lane Exemption

A driver may operate a qualified inherently low emission vehicle (ILEV) or hybrid electric vehicle (HEV) in an HOV lane at any time, regardless of the number of passengers, provided that the vehicle is certified and labeled in accordance with federal regulations. All eligible ILEVs and HEVs must comply with the minimum fuel economy standards set forth in Title 23 of the U.S. Code of Federal Regulations, section 166(f)(3)(B). The vehicle must display a Florida Division of Motor Vehicles issued decal, which must be renewed annually. Special fees may apply. Vehicles with decals may also use any HOV lane designated as a HOV toll lane without paying the toll. An HEV is defined as a motor vehicle that draws propulsion energy from on-board sources of stored energy comprised of both an internal combustion engine using combustible fuel and a rechargeable energy storage system and meets or exceeds the qualifying California standards for a Low Emission Vehicle. Three-wheeled vehicles are considered ILEVs for the purposes of HOV lane exemption. For more information, see the Florida Department of Highway Safety and Motor Vehicles HOV Decal website.

(Reference Florida Statutes 316.0741)

More Laws and Incentives

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