Florida State Bill Preempts Local Regulations on Electric Vehicle Charging Stations

Florida’s new State Bill 1084, signed into law by Gov. Ron DeSantis, has brought significant changes to the regulation of electric vehicle (EV) charging stations, particularly impacting local government control previously held on the matter.

In Miami-Dade County, County Ordinance 19-17, championed by Commissioner Daniella Levine Cava and approved by the Board of County Commissioners in 2019, set requirements for new real estate developments regarding EV charging.

The Ordinance mandated a certain number of parking spaces in new projects to be designated for EV charging purposes, with exceptions provided for some developments.

Under the Ordinance, it was stipulated that new real estate projects needed to allocate specific EV parking spaces or install the necessary circuitry to support future EV charging stations.

These requirements varied based on the total number of off-street parking spaces, with a higher percentage of spaces designated for EV charging required as of January 1, 2022.

However, with the passing of the State Bill, the regulation of EV charging stations has now shifted to the state level, preempting local governments from enacting or enforcing their own regulations on EV charging stations effective July 1, 2024.

As a result, Miami-Dade County’s EV charging requirements laid out in County Ordinance 19-17 are no longer enforceable, and future regulations in this area will be overseen by the Florida Department of Agriculture and Consumer Services (FDACS).

As of the publication of this article, FDACS had yet to release any proposed rules regarding the regulation of EV charging stations in the state.

For individuals and businesses involved in EV infrastructure, staying informed with the evolving regulatory landscape under the State Bill will be crucial in ensuring compliance with the new state-level regulations administered by FDACS.