Read the full stored bill text
Florida Senate
-
2026
CS for SB 1628
By
the Committee on Environment and Natural Resources; and
Senator Avila
592-02265-26 20261628c1
1 A bill to be entitled
2 An act relating to net-zero policies by governmental
3 entities; creating s. 377.817, F.S.; defining terms;
4 providing legislative findings; providing a
5 declaration of state policy; prohibiting governmental
6 entities from adopting or requiring the adoption of
7 net-zero policies; prohibiting governmental entities
8 from expending government funds to support, implement,
9 or advance net-zero policies; specifying prohibited
10 expenditures; prohibiting governmental entities from
11 imposing taxes, fees, penalties, charges, offsets, or
12 assessments to advance net-zero policies; prohibiting
13 governmental entities from implementing,
14 administering, or enforcing a program that functions
15 as a cap-and-trade program or has such effect;
16 requiring the Department of Environmental Protection
17 to require a specified annual affidavit from all
18 governmental entities; providing applicability;
19 amending ss. 125.01, 166.021, and 166.201, F.S.;
20 conforming provisions to changes made by the act;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 377.817, Florida Statutes, is created to
26 read:
27
377.817
Net-zero and carbon policies, expenditures, taxes,
28
assessments, or trade programs; prohibition
.—
29
(1)
DEFINITIONS.—As used in this section, the term:
30
(a)
“Business activity” means any activity or series of
31
activities that:
32
1.
Involve the emission of a greenhouse gas or a
33
combination thereof; and
34
2.
Form a single undertaking or enterprise with regard to
35
any relevant circumstances.
36
(b
)
“Carbon dioxide” means a naturally occurring gas
37
composed of one carbon atom and two oxygen atoms that occurs as
38
a byproduct of burning fossil fuels, such as oil, gas, or coal;
39
a byproduct of burning biomass; a byproduct of land use changes;
40
or a byproduct of industrial processes.
41
(c)
“Carbon dioxide equivalent emissions” means the number
42
of metric tons of carbon dioxide emissions with the same global
43
warming potential as one metric ton of another greenhouse gas.
44
(d)
“Carbon-intensive activity” means any business activity
45
or other activity performed by a person which supports any of
46
the following:
47
1.
The movement of people or goods through methods of
48
transportation, including automobiles, commercial vehicles,
49
freight haulers, aircraft, vessels, pipelines, delivery devices,
50
and similar methods, and the use of energy resources to power or
51
operate such transportation methods.
52
2.
The creation or transmission of energy resources for the
53
following commercial and residential uses: electricity;
54
manufacturing; sustaining human life, including refrigeration
55
and cooling in enclosed or partially enclosed spaces; waste
56
management; or the operation or manufacturing of appliances for
57
human use.
58
3.
The performance of activities to support the production
59
of a carbon-intensive product, including farming, agriculture,
60
hunting and gathering, or the taking of fish and wildlife to
61
sustain human life.
62
4.
The operation or purchase of a vessel for transporting a
63
person or an object by use of an energy source.
64
5.
The use of methods authorized by authorities to take
65
fish and wildlife resources.
66
6.
The mining, exploration, or manufacturing of products to
67
support the continued livelihood of mankind.
68
(e)
“Carbon-intensive product” means any of the following,
69
including a product containing a component of such:
70
1.
Products containing iron; steel; steel mill products,
71
including pipe and tube; aluminum; cement; glass, including
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flat, container, and specialty glass and fiberglass; oil or a
73
component thereof; minerals and metals; pulp; and paper.
74
2.
An agricultural commodity or product, whether raw or
75
processed, including a commodity or product derived from
76
livestock which is marketed in the United States for human or
77
livestock consumption. The term also includes agricultural,
78
aquacultural, horticultural, viticultural, and dairy products;
79
livestock and the products thereof; the products of poultry and
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bee raising; the edible products of forestry; and products
81
raised or produced on farms and the processed or manufactured
82
products thereof transported or intended to be transported in
83
interstate or foreign commerce.
84
(f)
“Emissions” means the release of greenhouse gases into
85
the atmosphere or air by a person.
86
(g) “Governmental entity” means the state or any political
87
subdivision thereof, including the executive, legislative, and
88
judicial branches of government; the independent establishments
89
of the state, counties, municipalities, districts, authorities,
90
boards, or commissions; and any agencies subject to this
91
chapter. The term also includes community development districts,
92
improvement districts, and homeowners’ associations.
93
(h)
“Government funds” means state funds, as that term is
94
described in s. 215.31, and any moneys of the state or of any
95
Florida College System institution or state university, county,
96
school district, political subdivision, special district,
97
metropolitan government, or municipality, including agencies,
98
boards, bureaus, commissions, and institutions of any of the
99
foregoing, or of any court, and includes the moneys of all
100
county officers, including constitutional officers.
101
(i)
“Greenhouse gas” means any of the following gases:
102
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
103
perfluorocarbons, sulfur hexafluoride, or nitrogen trifluoride.
104
(j)
“Net-zero policy” means any target, threshold,
105
initiative, action, framework, requirement, or policy related to
106
reducing the use of a carbon-intensive product or activity,
107
including:
108
1.
A requirement imposed by a governmental entity which
109
requires the governmental entity to meet a statewide, regional,
110
or geographically specific reduction in carbon dioxide or
111
greenhouse gas emissions equal to zero or when annual
112
anthropogenic emissions of greenhouse gases or carbon dioxide
113
equivalent emissions to the atmosphere are balanced by removals
114
over a specific period.
115
2.
A requirement imposed by a governmental entity which
116
requires a person or business activity, including a carbon
117
intensive activity, to do any of the following:
118
a.
Meet a specific reduction in greenhouse gas or carbon
119
dioxide equivalent emissions equal to zero or when annual
120
anthropogenic emissions of greenhouse gases into the atmosphere
121
are balanced by removals over a specific period.
122
b.
Meet any goal of the Paris Agreement, defined as the
123
resolution adopted by the United Nations Framework Convention on
124
Climate Change’s 21st Conference of the Parties in Paris,
125
France; or any similar initiative adopted by the Federal
126
Government or any geopolitical organization affiliated with the
127
World Bank or World Economic Forum related to such.
128
c.
Support the goal of a regional governing authority or
129
multistate entity that commits to a reduction in greenhouse gas
130
emissions equal to zero or when annual anthropogenic emissions
131
of greenhouse gases to the atmosphere are balanced by removals
132
over a specific period.
133
d.
Restrict a carbon-intensive activity from which a person
134
would not otherwise be restricted, for the sole purpose of
135
meeting a net-zero policy. This may not be construed to legalize
136
an otherwise illegal action by a person.
137
e.
Prohibit the use, sale, purchase, or exchange of a
138
carbon-intensive product or carbon for the sole purpose of
139
meeting a net-zero policy. This may not be construed to legalize
140
an otherwise illegal action by a person.
141
(2)
DECLARATION OF POLICY.—The Legislature finds that net
142
zero policies, carbon taxes and assessments, and carbon
143
emissions trading programs, commonly known as “cap-and-trade” or
144
“cap-and-tax” programs, are detrimental to the state’s energy
145
security and economic interests. It is the policy of this state
146
to govern under the energy policy outlined in s. 377.601 and to
147
prohibit the adoption or implementation of a net-zero policy by
148
a governmental entity in any way, including through government
149
expenditures, taxes, assessments, or carbon emissions trading
150
programs.
151
(3)
PROHIBITED POLICIES.—A governmental entity may not
152
adopt, or require a person to adopt, a net-zero policy. This
153
prohibition includes references to or the inclusion of such
154
policies in comprehensive plans, land development regulations,
155
transportation plans, or any published or adopted government
156
policy or procedure.
157
(4)
PROHIBITED EXPENDITURES.—A governmental entity may not
158
expend government funds to a person in a manner that supports,
159
implements, or advances a net-zero policy, including by doing
160
any of the following:
161
(a)
Providing procurement or purchasing preferences for
162
non-carbon-intensive products.
163
(b)
Instituting purchasing preferences for passenger
164
vehicles, commercial vehicles, or heavy equipment based solely
165
on the fuel source of such vehicles or equipment.
166
(c)
Expending government funds to pay dues for a
167
nongovernmental organization, including a trade association or
168
league of government entities, that has adopted or supports a
169
net-zero policy.
170
(5)
PROHIBITED TAXATION AND ASSESSMENTS.—A governmental
171
entity may not impose a tax, a fee, a penalty, a charge, an
172
offset, or an assessment to advance a net-zero policy. This
173
includes, but shall not be limited to, a tax, a fee, a penalty,
174
a charge, an offset, or an assessment on any of the following:
175
(a)
The carbon content of a fuel.
176
(b)
The emission of carbon dioxide or other greenhouse gas
177
which results from the use, production, or consumption of a good
178
or service.
179
(c)
A carbon-intensive activity.
180
(d)
The use, sale, purchase, or exchange of a carbon
181
intensive product or carbon-intensive activity to advance a net
182
zero policy.
183
(6)
PROHIBITED CAP-AND-TRADE PROGRAMS.—A governmental
184
entity may not implement, administer, or enforce a program that
185
has the effect of doing any of the following:
186
(a)
Establishing a statewide, regional, or geographic
187
specific limit or cap on the amount of emissions of carbon
188
dioxide or other greenhouse gas which result from the use,
189
production, or consumption of a carbon-intensive product or
190
carbon-intensive activity.
191
(b)
Providing for the allocation, auction, or transfer of
192
emissions allowances or credits among pollutant sources as a
193
means of compliance with emissions limits.
194
(c)
Requiring a governmental entity or a person within this
195
state to participate in a carbon emissions trading program.
196
(7)
AFFIDAVIT.—Beginning January 1, 2027, the Department of
197
Environmental Protection shall annually require all governmental
198
entities to submit an affidavit signed under penalty of perjury
199
by an authorized official of the governmental entity attesting
200
compliance with this section.
201
(8)
APPLICABILITY.—This section applies to a proposed
202
action by a governmental entity on or after July 1, 2026, which
203
is otherwise not allowable by law.
204 Section 2. Paragraphs (g), (h), and (r) of subsection (1)
205 of section 125.01, Florida Statutes, are amended to read:
206 125.01 Powers and duties.—
207 (1) The legislative and governing body of a county shall
208 have the power to carry on county government. To the extent not
209 inconsistent with general or special law, this power includes,
210 but is not restricted to, the power to:
211 (g) Prepare and enforce comprehensive plans for the
212 development of the county.
Such plans
must comply with s.
213
377.817
.
214 (h) Establish, coordinate, and enforce zoning and such
215 business regulations as are necessary for the protection of the
216 public.
Such zoning and business regulations
must comply with
s.
217
377.81
7
.
218 (r)
Except as prohibited in s. 377.817,
levy and collect
219 taxes, both for county purposes and for the providing of
220 municipal services within any municipal service taxing unit, and
221 special assessments; borrow and expend money; and issue bonds,
222 revenue certificates, and other obligations of indebtedness,
223 which power shall be exercised in such manner, and subject to
224 such limitations, as may be provided by general law. There shall
225 be no referendum required for the levy by a county of ad valorem
226 taxes, both for county purposes and for the providing of
227 municipal services within any municipal service taxing unit.
228 1. Notwithstanding any other provision of law, a county may
229 not levy special assessments on lands classified as agricultural
230 lands under s. 193.461 unless the revenue from such assessments
231 has been pledged for debt service and is necessary to meet
232 obligations of bonds or certificates issued by the county which
233 remain outstanding on July 1, 2023, including refundings thereof
234 for debt service savings where the maturity of the debt is not
235 extended. For bonds or certificates issued after July 1, 2023,
236 special assessments securing such bonds may not be levied on
237 lands classified as agricultural under s. 193.461.
238 2.
The provisions of
Subparagraph 1.
does
do
not apply to
239 residential structures and their curtilage.
240 Section 3. Subsection (2) of section 166.021, Florida
241 Statutes, is amended to read:
242 166.021 Powers.—
243 (2) “Municipal purpose” means any activity or power which
244 may be exercised by the state or its political subdivisions.
The
245
term does not include the prohibitions listed in s. 377.817.
246 Section 4. Section 166.201, Florida Statutes, is amended to
247 read:
248 166.201 Taxes and charges.—
Except as prohibited in s.
249
377.817,
a municipality may raise, by taxation and licenses
250 authorized by the constitution or general law, or by user
251 charges or fees authorized by ordinance, amounts of money which
252 are necessary for the conduct of municipal government and may
253 enforce their receipt and collection in the manner prescribed by
254 ordinance not inconsistent with law.
255 Section 5. This act shall take effect July 1, 2026.