Fla. Stat. § 5J-28.002 - Local Government Entities

(1) A local government entity may not enact or enforce any ordinance or regulation related to EV charging stations or create a condition for a permit or other approval for such stations, that would require a minimum or maximum number of chargers, EV parking spaces, or other type of EV infrastructure for the development, construction, or modification of any new or existing structure.

(2) EV parking spaces that are part of an EV charging station shall be included in the total parking space count used to determine compliance with local parking requirements.

(3) The addition of EV chargers at an EV charging station that reduces the total number of parking spaces at a location may not affect the location's original compliance with local parking space minimums.

(4) Nothing in this rule chapter shall be construed to limit the ability of a local government entity to:

(a) Acquire, own, use, install, or operate EVSE or charging stations, or offer EV charging services to the public;

(b) Enter into contracts or offer incentive programs relating to EV charging stations or EVSE that include requirements that would otherwise be prohibited by this rule; or

(c) Issue electrical permits and perform electrical permitting inspections based on safety standards in Rule 5J-28.003, F.A.C.

(5) Permitting inspections for EV charging stations shall not include requirements unrelated to safety standards.

(6) All levels of EVSE installed at an EV charging station shall be approved for accessory use in all zoning districts absent health and safety concerns.

(7) All levels of EVSE installed at an EV charging station shall be approved for primary use in all commercial and industrial zoning districts absent health and safety concerns.

(8) All required permitting, including inspections, must be completed, and a permit issued to the applicant or the application denied within ninety (90) days from the receipt of a complete permit application.

(9) Upon receipt of a permit application, the local government entity shall examine the application and notify the applicant within 30 days of any errors or omissions and request any additional information the local government entity requires. A local government entity may not deny an application based on failure to submit additional information or correct an error or omission unless the applicant was timely notified. The notice shall request that any additional information be submitted and that the errors or omissions be corrected within 30 days of the notification. If the local government entity fails to provide timely notification of any error or omission or request additional information, then the application shall be considered complete as of the date it was originally received. When a local government entity does provide timely notification, then the application shall be considered complete upon receipt of all required information and correction of any error or omission for which the applicant was timely notified, when the time to provide additional information and correct errors or omissions has expired, or when the applicant has requested that the local government entity proceed to process the application. All permit application approvals are subject to passage of on-site safety inspections.

Notes

Fla. Stat. § 5J-28.002

Rulemaking Authority 366.94(2)(b) FS. Law Implemented 366.94 FS.

Adopted by Florida Register Volume 51, Number 073, April 15, 2025 effective 5/1/2025.