Florida Statutes § 366.93: nuclear and gasification plant cost recovery

Florida's official 2026 compilation of section 366.93 lets a utility ask to recover prudent costs of a nuclear power plant, and it gives the same treatment to an integrated gasification combined cycle plant. The opened text is not limited to small modular reactors and it does not approve a plant. The session laws and commission rules were not opened.

Category: Laws, rules and executive directives
Status: In effect
Instrument: statute · Fla. Stat. § 366.93 (2026 official compilation)
Issued by: Florida Legislature
Jurisdiction: Florida
Affects: Utility cost recovery
Effective date: Not recorded
Expiry or completion: None recorded
Operative text: Florida Statutes section 366.93 (2026 Florida Statutes section, opened 4 October 2026)
Last checked · next review: 2026-10-04 · 2027-04-15

Legal and geographic scope

Current official section in the 2026 Florida Statutes, opened 4 October 2026. An electric utility may seek commission approval to recover prudent costs of siting, designing, licensing and constructing a nuclear power plant, and the same section gives that treatment to an integrated gasification combined cycle plant. During the effort to obtain a Nuclear Regulatory Commission combined license, recovery is limited to costs of that licensing. Further preconstruction and the start of construction need commission findings that the plant remains feasible and that projected costs are reasonable. If construction has not begun within 10 years after the license, the commission decides whether the utility still intends to build. After 20 years without construction, future costs for that plant are not recoverable under this section. When the plant enters commercial service, its jurisdictional revenue requirements go into base rates. If the utility does not finish, prudent costs incurred after a determination of need may still be recovered. The section is not a site certificate, a combined license, or a limit that applies only to small modular reactors.

Not approved or still pending

The session laws named in the history line were not opened, so no calendar effective date and no amendment-by-amendment text are recorded. The commission rules required by subsection (2) were not opened. Sections 403.503(14) and 366.8255 were not opened. No commission order or utility petition was opened. No project is linked. The section does not approve a reactor.

Dated lifecycle

2006 · actual · year · Enacted — The official history line begins with section 44 of chapter 2006-230 and also cites chapters 2007-5, 2007-117, 2008-227 and 2013-184. Those acts were not opened. The year is the first chapter number on that line, not a calendar effective date for the current text. (Florida Statutes section 366.93)

Definitions in this instrument

Nuclear power plant (Fla. Stat. § 366.93(1)(d)): An electrical power plant, as that term is defined in section 403.503(14), which uses nuclear materials for fuel. Section 403.503(14) was not opened, so that cross-definition is not restated.
Legal definition used by this instrument only; SMRMap's inclusion rule for SMRs is separate and unchanged.

Projects or designs named by the source

None. Location in this jurisdiction does not make a project eligible for, or approved under, this measure.

Sources

Florida Statutes section 366.93 (government_primary, accessed 2026-10-04)