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August 19, 2026
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The Florida Statutes

The 2026 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 377
ENERGY RESOURCES
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F.S. 377.8161
377.8161 Prohibiting the adoption or implementation of net zero policies by governmental entities.
(1) The Legislature finds that net zero policies, carbon taxes and assessments, and emission trading programs are detrimental to this state’s energy security and economic interests and inconsistent with the energy policy and the environmental policy of this state.
(2) As used in this section:
(a) “Emission trading program,” also known as a “cap-and-tax” or “cap-and-trade” program, means any program that establishes a greenhouse gas emission limit for a particular activity and provides for the allocation, auction, sale, or transfer of emissions allowances or credits among pollutant sources as a means of compliance with such limits.
(b) “Governmental entity” has the same meaning as in s. 215.985.
(c) “Greenhouse gas” means any of the following gases, or a combination thereof:
1. Carbon dioxide.
2. Methane.
3. Nitrous oxide.
4. Hydrofluorocarbons.
5. Perfluorocarbons.
6. Sulphur hexafluoride.
7. Nitrogen trifluoride.
(d) “Public funds” means all moneys under the jurisdiction or control of a governmental entity.
(e) “Net zero policy” means any policy, program, or initiative designed to achieve a balance between total amount of greenhouse gas emitted into the atmosphere with an equal amount removed from the atmosphere.
(3) A governmental entity may not enact or enforce, or require any person or legal entity to enact or enforce, a resolution, ordinance, rule, code, or policy to support a net zero policy, including as a condition of any contract or agreement between the governmental entity and a third party.
(4) A governmental entity may not use, pay, or distribute public funds in any manner that supports, implements, or advances a net zero policy by doing any of the following:
(a) Providing procurement or purchasing preferences for a product or vendor on the basis that the procurement or purchase of such product or from such vendor will advance or support a net zero policy.
(b) Providing procurement or purchasing preferences for any goods, including, but not limited to, vehicles, equipment, appliances, or other products, based solely on the types or sources of fuel used by, or used in the production of, such goods.
(c) Using public funds to pay dues, membership fees, subscription fees, or charitable contributions to any nongovernmental agency or other private organization, including any trade association or organization, that:
1. Adopts a net zero policy;
2. Requires adoption of, or any commitment to support, a net zero policy as a condition of membership or of receiving any benefit of membership; or
3. Uses such funds to advocate for a net zero policy.
(5)(a) A governmental entity may not impose any charge, including a tax, fee, penalty, offset, or assessment, to advance a net zero policy, including, but not limited to:
1. A charge based on the carbon content of a fuel.
2. A charge based on the emission of greenhouse gases that results from the use, production, or consumption of any product, service, or activity.
3. A charge assessed in connection with an emission trading program.
(b) Each governmental entity shall annually submit to the Department of Revenue an affidavit, signed under penalty of perjury by an authorized official of the governmental entity, attesting to compliance with this subsection.
(6) A governmental entity may not implement, administer, or enforce any program or join any organization that has a policy of:
(a) Establishing a statewide, regional, or geographic limit or cap on the amount of greenhouse gas emissions that results from the use, production, or consumption of any product or from any activity.
(b) Requiring or incentivizing a governmental entity or any person in this state to participate in an emissions trading program.
(7) The restrictions of this section do not prevent:
(a) The board of a municipality or governmental entity which owns or operates and directly controls an electric or natural gas utility from passing rules, regulations, or policies governing the utility.
(b) The Public Service Commission from exercising its powers and duties to regulate public utilities in accordance with applicable law.
(c) A governmental entity from otherwise exercising its authority as provided by general law, including by implementing energy policies consistent with the energy policies set forth in s. 377.601 or implementing local and regional air and water pollution control programs consistent with the environmental policies set forth in s. 403.021.
(8) This section applies to any proposed action by a governmental entity on or after July 1, 2026, that is not otherwise permissible by general law.
History.s. 1, ch. 2026-45.