Section 366.94 - Electric vehicle charging(1) The provision of electric vehicle charging to the public by a nonutility is not the retail sale of electricity for the purposes of this chapter. The rates, terms, and conditions of electric vehicle charging services by a nonutility are not subject to regulation under this chapter. This section does not affect the ability of individuals, businesses, or governmental entities to acquire, install, or use an electric vehicle charger for their own vehicles.(2) The regulation of electric vehicle charging stations is preempted to the state.(a) A local governmental entity may not enact or enforce an ordinance or regulation related to electric vehicle charging stations.(b) The Department of Agriculture and Consumer Services shall adopt rules to provide requirements for electric vehicle charging stations to allow for consistency for consumers and the industry.(3)(a) It is unlawful for a person to stop, stand, or park a vehicle that is not capable of using an electrical recharging station within any parking space specifically designated for charging an electric vehicle.(b) If a law enforcement officer finds a motor vehicle in violation of this subsection, the officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18.(4) Upon petition of a public utility, the commission may approve voluntary electric vehicle charging programs to become effective on or after January 1, 2025, to include, but not be limited to, residential, fleet, and public electric vehicle charging, upon a determination by the commission that the utility's general body of ratepayers, as a whole, will not pay to support recovery of its electric vehicle charging investment by the end of the useful life of the assets dedicated to the electric vehicle charging service. This provision does not preclude cost recovery for electric vehicle charging programs approved by the commission before January 1, 2024. s.11, ch. 2012-117; s.72, ch. 2014-17.Amended by 2024 Fla. Laws, ch. 186,s 6, eff. 7/1/2024.Amended by 2024 Fla. Laws, ch. 137,s 1, eff. 7/1/2024.Amended by 2014 Fla. Laws, ch. 17, s 72, eff. 7/1/2014.