July 3, 2024

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

Mischael Cetoute, Pedro Gassant, Alessandria San Roman, Lawrence Sellers, Miriam Soler Ramos

Holland & Knight LLP

+ Follow Contact

Facebook

Send

Embed

Holland & Knight LLP

[co-author: William San Pedro]

Florida Senate Bill 1084 (the Bill), which was passed by the legislature on March 6, 2024, and was signed by Gov. Ron DeSantis on May 1, took effect on July 1, 2024. The Bill addresses myriad issues, including the regulation of electric vehicle (EV) charging stations that was previously under the purview of local governments. For example, in Miami-Dade County, the requirements for EV charging stations in new real estate projects were 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 number of parking spaces to be set aside for the charging of EVs at new real estate developments (e.g., apartment complexes, office buildings and shopping centers) in the County's unincorporated areas, with limited exceptions. The required EV spaces did not need to be furnished with the charging equipment if the circuitry necessary to support the equipment was installed. The County's EV space requirements are provided in the following table.

Total Number of Required Off-Street Parking Spaces	Minimum Required Off-Street EV Charging Spaces (Prior to Jan. 1, 2022)	Minimum Required Off-Street EV Charging Spaces (On or after Jan. 1, 2022)
Up to 9 spaces	0	0
10 or more spaces	10 percent of the required parking spaces, but in no event less than one EV charging space	20 percent of the required parking spaces, but in no event less than one EV charging space

Compliance with New State Statutory Requirements

The Bill expressly provides that "the regulation of electric vehicle charging stations is preempted to the state," and that a local government "may not enact or enforce an ordinance or regulation related to electric vehicle charging stations," after July 1, 2024. As a result, the County's EV requirements and local regulations similar thereto cannot be enforced. Going forward, it will be the responsibility of the Florida Department of Agriculture and Consumer Services (FDACS) to regulate this area to "allow for consistency for consumers and the industry."

As of this writing, FDACS had not yet formally published any proposed rules.

Send Print Report

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.