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CS/CS/HB 1461 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to advanced nuclear reactors; creating 2
s. 403.541, F.S.; providing legislative intent; 3
providing definitions; authorizing the Florida Public 4
Service Commission to regulate advanced nuclear 5
reactors in this state; requiring the commission to 6
consult with the University of Florida's Nuclear Fuels 7
and Materials Characterization Facility in exercising 8
such authority; authorizing the Department of Health 9
and the Department of Environmental Protection to 10
exercise specified powers and duties; requiring the 11
commission, the Department of Health, and the 12
Department of Environmental Protection to jointly 13
establish criteria for the certification of 14
laboratories that perform analysis on nuclear 15
materials; authorizing the possession of nuclear 16
material for specified purposes; providing an 17
exception and limitation for such possession; 18
requiring permits for the transfer, receipt, 19
possession, use, storage, or disposal of nuclear 20
materials; requiring the commission to make a certain 21
determination before issuing such permits; requiring 22
certifications for construction and significant design 23
modifications of advanced nuclear reactors; requiring 24
the commission to consider certain factors before 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issuing such certifications; requiring the 26
construction or significant design modification of 27
advanced nuclear reactors to include certain radiation 28
control devices; authorizing the commission to issue 29
reciprocal permits under certain conditions; providing 30
penalties; requiring the commission, after 31
consultation with the Department of Environmental 32
Protection and the Department of Health, to adopt 33
rules; providing requirements for such rules; amending 34
s. 186.801, F.S.; revising the criteria the commission 35
must consider in the preliminary study of electric 36
utility 10-year site plans; amending s. 366.92, F.S.; 37
defining the term "clean energy"; removing the 38
definition of the term "renewable energy"; conforming 39
provisions to changes made by the act; amending s. 40
377.601, F.S.; revising legislative intent for the 41
state's energy policy; amending s. 403.503, F.S.; 42
revising the definition of the term "applicant"; 43
amending s. 403.506, F.S.; revising applicability of 44
power plant capacity and expansion thresholds; 45
amending s. 403.507, F.S.; providing applicability; 46
amending s. 403.519, F.S.; revising the criteria the 47
commission must consider in making determinations for 48
proposed power plants; providing applicability; 49
providing an effective date. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51
Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Section 403.541, Florida Statutes, is created 54
to read: 55
403.541 Advanced nuclear reactors.- 56
(1) Based on the energy needs of this state, economic 57
considerations, statewide energy reliability goals, and the need 58
for additional baseload electrical generating capacity, the 59
Legislature intends to promote the development of nuclear energy 60
and to protect the viability of existing nuclear energy 61
facilities in this state, encourage investment into nuclear 62
energy within this state, and minimize rising electricity rates 63
through the use of nuclear energy. 64
(2) As used in this section, the term: 65
(a) "Advanced nuclear reactor" means a nuclear fusion 66
reactor, or a nuclear fission reactor that uses new or 67
significantly improved designs compared to commercial nuclear 68
reactors in operation as of January 1, 2021, including 69
improvements such as: 70
1. Inherent or passive safety features; 71
2. Lower waste yields; 72
3. Improved fuel performance or efficiency; 73
4. Significantly improved designs, materials, fuels, or 74
cooling systems; 75
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5. Reduced consumption of cooling water and other 76
environmental impacts; or 77
6. Flexibility in operational output or ability to 78
integrate into electric or nonelectric applications. 79
(b) "Commission" means the Florida Public Service 80
Commission. 81
(c) "Electrical power plant" has the same meaning as 82
provided in s. 403.503. 83
(d) "Nuclear material" means byproduct material, source 84
material, and special nuclear material as those terms are 85
defined in s. 404.31. 86
(3)(a) The authority to regulate advanced nuclear reactors 87
in this state is granted to the commission. At a minimum, the 88
commission shall do all of the following: 89
1. Evaluate and approve designs for advanced nuclear 90
reactors. 91
2. Issue permits for the possession, transportation, 92
transfer, and use of nuclear materials in sufficient quantities 93
to facilitate advanced nuclear reactor research, design, 94
testing, construction, and operation. 95
3. Prescribe safety and construction standards for the use 96
of nuclear materials in the development and operation of 97
advanced nuclear reactors. 98
99
In exercising its authority granted under this paragraph, the 100
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commission shall consult with the University of Florida's 101
Nuclear Fuels and Materials Characterization Facility, or its 102
successor facility at the University of Florida supporting 103
research in nuclear materials science. 104
(b) The Department of Health may exercise its powers and 105
duties granted under chapter 404 for the regulation of advanced 106
nuclear reactors under this section. The Department of Health 107
shall develop appropriate guidelines for nuclear facilities and 108
advanced nuclear reactors to mitigate harm to human health 109
resulting from radiological exposure. 110
(c) The Department of Environmental Protection may 111
exercise its powers and duties granted under chapter 403 for the 112
regulation of advanced nuclear reactors under this section. The 113
Department of Environmental Protection shall develop appropriate 114
guidelines for nuclear facilities and advanced nuclear reactors 115
to mitigate environmental harm and promote the efficient and 116
sustainable use of water and other natural resources. 117
(d) The commission, the Department of Health, and the 118
Department of Environmental Protection shall jointly establish 119
criteria for the certification of laboratories that perform 120
analysis on nuclear materials for the purpose of researching, 121
designing, testing, or otherwise developing technology for 122
nuclear power plants under this section. 123
(4) A person, corporation, or entity may possess nuclear 124
materials for, and in quantities sufficient to facilitate, the 125
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research, design, testing, construction, and operation of 126
advanced nuclear reactors. However, except for active military 127
personnel or contractors acting pursuant to a lawful military 128
order, a person, corporation, or entity may not possess nuclear 129
materials in quantities that pose a danger to national defense 130
and security or public health and safety. 131
(5)(a) The operator of a facility conducting research and 132
testing of advanced nuclear reactors must obtain a permit from 133
the commission for the use and storage of nuclear materials to 134
facilitate such research and testing. 135
(b) A person, corporation, or entity must obtain a permit 136
from the commission for the transfer, receipt, possession, use, 137
or disposal of nuclear materials relating to the operation of 138
advanced nuclear reactors. 139
(c) Before issuing a permit under this subsection, the 140
commission must determine that the facility or reactor is 141
equipped with radiation control devices that will abate or 142
prevent radiological contamination in compliance with the 143
standards and rules established under this section. 144
(6)(a) The construction or significant design modification 145
of an advanced nuclear reactor must be certified by the 146
commission before such construction or modification may begin. 147
(b) Before issuing a certification under this subsection, 148
the commission must consider, at a minimum, all of the 149
following: 150
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1. The extent to which the design will effectively 151
mitigate and prevent danger to the public health and safety. 152
2. The compliance of the design with the safety standards 153
prescribed by the commission. 154
3. The ability of the design to address known or 155
reasonably foreseeable risks, including system failures, 156
accidents, natural disasters, and extreme weather events. 157
4. The completeness and accuracy of engineering 158
calculations and testing data for the design. 159
5. The ability of the design to promote the efficient and 160
sustainable use of water and other natural resources. 161
(c) The construction or significant design modification of 162
an advanced nuclear reactor must include radiation control 163
devices that will abate or prevent radiological contamination in 164
compliance with the standards and rules established under this 165
section. 166
(7) If an applicant has been issued a permit or 167
certification from another state or federal agency for the 168
activities under this section, the commission may issue a 169
reciprocal permit or certification if the safety standards of 170
the other state or federal agency are no less stringent than the 171
standards and rules established under this section. 172
(8) A person, corporation, or entity who violates this 173
section or any rules adopted hereunder is subject to a civil 174
penalty not to exceed $100,000 for each violation for each day 175
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the violation persists, except that the maximum civil penalty 176
may not exceed $1 million for any related series of violations. 177
(9) The commission, after consultation with the Department 178
of Health and the Department of Environmental Protection, shall 179
adopt rules to implement this section. In developing such rules, 180
the commission shall refer to part II of this chapter and the 181
rules and regulations established thereunder. 182
Section 2. Paragraph (j) of subsection (2) of section 183
186.801, Florida Statutes, is redesignated as paragraph (l), and 184
new paragraphs (j) and (k) are added to that section, to read: 185
186.801 Ten-year site plans.— 186
(2) Within 9 months after the receipt of the proposed 187
plan, the commission shall make a preliminary study of such plan 188
and classify it as "suitable" or "unsuitable." The commission 189
may suggest alternatives to the plan. All findings of the 190
commission shall be made available to the Department of 191
Environmental Protection for its consideration at any subsequent 192
electrical power plant site certification proceedings. It is 193
recognized that 10-year site plans submitted by an electric 194
utility are tentative information for planning purposes only and 195
may be amended at any time at the discretion of the utility upon 196
written notification to the commission. A complete application 197
for certification of an electrical power plant site under 198
chapter 403, when such site is not designated in the current 10-199
year site plan of the applicant, shall constitute an amendment 200
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to the 10-year site plan. In its preliminary study of each 10-201
year site plan, the commission shall consider such plan as a 202
planning document and shall review: 203
(j) The amount of nuclear energy resources the utility 204
produces or purchases. 205
(k) The amount of nuclear energy resources the utility 206
plans to produce or purchase over the 10-year planning horizon 207
and the means by which the production or purchases will be 208
achieved. 209
Section 3. Subsections (1), (2), and (3) of section 210
366.92, Florida Statutes, are amended to read: 211
366.92 Florida clean renewable energy policy.— 212
(1) It is the intent of the Legislature to promote the 213
development of clean renewable energy; protect the economic 214
viability of Florida's existing clean renewable energy 215
facilities; diversify the types of fuel used to generate 216
electricity in Florida; lessen Florida's dependence on natural 217
gas and fuel oil for the production of electricity; minimize the 218
volatility of fuel costs; encourage investment within the state; 219
improve environmental conditions; and, at the same time, 220
minimize the costs of power supply to electric utilities and 221
their customers. 222
(2) As used in this section, the term: 223
(a) "Clean energy" includes energy produced by nuclear 224
reactors and includes renewable energy and renewable natural gas 225
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as those terms are defined in s. 366.91. 226
(b)(a) "Provider" means a "utility" as defined in s. 227
366.8255(1)(a). 228
(b) "Renewable energy" includes renewable energy and 229
renewable natural gas as those terms are defined in s. 230
366.91(2). 231
(3) Each municipal electric utility and rural electric 232
cooperative shall develop standards for the promotion, 233
encouragement, and expansion of the use of clean renewable 234
energy resources and energy conservation and efficiency 235
measures. On or before April 1, annually, each municipal 236
electric utility and electric cooperative shall submit to the 237
commission a report that identifies such standards. 238
Section 4. Paragraph (m) is added to subsection (3) of 239
section 377.601, Florida Statutes, to read: 240
377.601 Legislative intent.— 241
(3) In furtherance of the goals in subsection (2), it is 242
the policy of the state to: 243
(m) Encourage the research, development, demonstration, 244
and application of domestic advanced nuclear energy resources. 245
Section 5. Subsection (5) of section 403.503, Florida 246
Statutes, is amended to read: 247
403.503 Definitions relating to Florida Electrical Power 248
Plant Siting Act.—As used in this act: 249
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(5) "Applicant" means any electric utility or other person 250
that which applies for certification pursuant to the provisions 251
of this act. 252
Section 6. Subsection (1) of section 403.506, Florida 253
Statutes, is amended to read: 254
403.506 Applicability, thresholds, and certification.— 255
(1)(a) The provisions of This act applies shall apply to 256
any electrical power plant as defined herein, except that the 257
provisions of this act does shall not apply to the following, 258
unless the applicant has elected to apply for certification 259
under this act: 260
1. Any electrical power plant of less than 75 megawatts in 261
gross capacity, including its associated facilities, unless the 262
applicant has elected to apply for certification of such 263
electrical power plant under this act. 264
2. The provisions of this act shall not apply to Capacity 265
expansions of 75 megawatts or less, in the aggregate, of an 266
existing exothermic reaction cogeneration electrical generating 267
facility that was exempt from this act when it was originally 268
built; however, this exemption shall not apply if the unit uses 269
oil or natural gas for purposes other than unit startup. 270
3. Capacity expansions of 75 megawatts or less, in the 271
aggregate, of one or more advanced nuclear reactors as defined 272
in s. 403.541 installed within the boundaries of an electrical 273
power plant site previously certified under this act. 274
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4. One or more advanced nuclear reactors as defined in s. 275
403.541 to be located within the boundaries of an electrical 276
power plant site previously certified under this act, provided 277
that: 278
a. The advanced nuclear reactor or reactors are intended 279
to replace an existing electrical power plant located on the 280
site. 281
b. The certificate holder intends to retire the existing 282
electrical power plant from service. 283
c. The gross capacity of the advanced nuclear reactor or 284
reactors, in the aggregate, does not exceed the gross capacity 285
of the electrical power plant to be retired. 286
(b) The No construction of any new electrical power plant 287
or expansion in steam generating capacity as measured by an 288
increase in the maximum electrical generator rating of any 289
existing electrical power plant may not be undertaken after 290
October 1, 1973, without first obtaining certification in the 291
manner as herein provided, except that this act shall not apply 292
to any such electrical power plant which is presently operating 293
or under construction or which has, upon the effective date of 294
chapter 73-33, Laws of Florida, applied for a permit or 295
certification under requirements in force prior to the effective 296
date of such act. 297
Section 7. Paragraph (c) is added to subsection (4) of 298
section 403.507, Florida Statutes, to read: 299
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403.507 Preliminary statements of issues, reports, project 300
analyses, and studies.— 301
(4) 302
(c) This subsection does not apply to an application for 303
an advanced nuclear reactor as defined in s. 403.541 that will 304
not be interconnected to this state's electrical power grid. 305
Section 8. Subsection (3) of section 403.519, Florida 306
Statutes, is amended, and a new subsection (5) is added to that 307
section, to read: 308
403.519 Exclusive forum for determination of need.— 309
(3) The commission shall be the sole forum for the 310
determination of this matter, which accordingly may shall not be 311
raised in any other forum or in the review of proceedings in 312
such other forum. In making its determination, the commission 313
shall take into account the need for electric system reliability 314
and integrity, the need for adequate electricity at a reasonable 315
cost, the need for fuel diversity and supply reliability, 316
whether the proposed plant is the most cost-effective 317
alternative available, and whether nuclear renewable energy 318
resources sources and technologies, as well as conservation 319
measures, are used utilized to the extent reasonably available. 320
The commission shall also expressly consider the conservation 321
measures taken by or reasonably available to the applicant or 322
its members which might mitigate the need for the proposed plant 323
and other matters within its jurisdiction which it deems 324
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relevant. The commission's determination of need for an 325
electrical power plant shall create a presumption of public need 326
and necessity and shall serve as the commission's report 327
required by s. 403.507(4). An order entered pursuant to this 328
section constitutes final agency action. 329
(5) This section does not apply to an application for an 330
advanced nuclear reactor as defined in s. 403.541 that will not 331
be interconnected to this state's electrical power grid. 332
Section 9. This act shall take effect July 1, 2026. 333