The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Transportation, Tourism, and Economic
Development
BILL: PCS/CS/SB 138 (303668)
INTRODUCER: Appropriations Subcommittee on Transportation, Tourism, and Economic Development;
Transportation Committee; and Senator Brandes and others
SUBJECT: Electric Vehicles and Devices
DATE: March 25, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Fav/CS
2. Wells Hrdlicka ATD Recommend: Fav/CS
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
PCS/CS/SB 138 directs the Florida Department of Transportation (FDOT) to establish the
Electric Vehicle (EV) Infrastructure Grant Program to provide financial assistance to encourage
the installation of publicly available electric vehicle charging infrastructure for electric vehicles,
electric semi-trucks, and electric aircraft on public or private property.
The bill authorizes state agencies, public universities, public transit agencies, ports, airports, and
local governments to apply to the FDOT for grants for technical assistance for the development
and adoption of local or regional plans establishing charging infrastructure and for assistance
with the purchase of related equipment and costs of installation. The bill sets out required
matching funds and sources and authorizes an applicant to partner with a private-sector entity to
install charging infrastructure on private property in the jurisdiction of the applicant.
The FDOT is directed to develop and publish criteria for prioritizing applications and maintain a
prioritized list of approved grant applications; continually review emerging research, policies,
and standards relating to electric vehicle charging infrastructure; publish best practices relating to
such infrastructure; and adopt rules to administer the new provisions.
The bill also amends current law relating to FDOT development of a required EV Infrastructure
Master Plan for development of electric vehicle charging station infrastructure along the State
BILL: PCS/CS/SB 138 (303668) Page 2
Highway System, requiring a supplemental master plan by July of 2023 and a second status
report by December of 2021, following an already-issued initial status report.
The bill also makes the following changes related to EVs:
 Effective upon the passage of SB 140, allocates certain increased license tax revenues from
registration of electric and hybrid vehicles to the State Transportation Trust Fund (STTF) and
requires the FDOT to use the revenues to fund the EV Infrastructure Grant Program
beginning in Fiscal Year 2023-2024.
 Prohibits the Department of Agriculture and Consumer Services from adopting rules that
require specific methods of sale for electric vehicle charging equipment used and services
provided in this state.
 Revises the FDOT’s prevailing principle relating to mobility to include improvement of
travel choices to ensure that mobility includes planning and establishment of infrastructure
for innovative technologies, including electric vehicle charging infrastructure.
In addition, the bill:
 Revises the definition of “autocycle” to require compliance with a specified Federal Motor
Vehicle Safety Standard relating to antilock brakes and to replace the requirement of a
steering “wheel” with a requirement for a steering “mechanism.”
 Revises portions of the definition of “personal delivery device” (PDD) related to maximum
weight and speed to provide that maximum weight is set by FDOT administrative rule and
maximum speed may be set by FDOT administrative rule.
Except as otherwise provided, the bill takes effect July 1, 2021.
The bill is expected to present varied but indeterminate fiscal impacts to state and local
governments and to the private sector. See Section V. “Fiscal Impact Statement” for details.
II. Present Situation:
Electric and Hybrid Vehicles
Electric vehicles (EVs) offer a readily available and cleaner fuel source, with higher fuel
efficiency and improved air quality compared to vehicles with internal combustion engines.
Increasing interest in EV use is driven by higher gas prices and greenhouse gas emission
concerns, but their relative high cost compared to conventional fuel-powered vehicles and their
relative limited range have restricted the commercial viability of EVs.1 However, advancements
in EV-related technology are continuing, EV manufacturing is rising, and EV prices have been
dropping.2
1
See Federal Highway Administration, FHWA NHTS Brief, Electric Vehicle Feasibility, July 2016, pp. 1-2, available at
http://nhts.ornl.gov/briefs/EVFeasibility20160701.pdf (last visited March 16, 2021).
2
Id. at p. 2.
BILL: PCS/CS/SB 138 (303668) Page 3
Types of EVs
The U.S. Department of Energy’s Alternative Fuels Data Center (AFDC) uses the term
“electric-drive vehicles” to collectively refer to hybrid electric vehicles (HEVs), plug-in hybrid
electric vehicles (PHEVs), and all-electric vehicles (AEVs). According to the AFDC:3
 HEVs are primarily powered by an internal combustion engine that runs on conventional or
alternative fuel and an electric motor that uses energy stored in a battery. The battery is
charged through regenerative braking and by the internal combustion engine and is not
plugged in to charge.
 PHEVs are powered by an internal combustion engine that can run on conventional or
alternative fuel and an electric motor that uses energy stored in a battery. The vehicle can be
plugged in to an electric power source to charge the battery.
 AEVs use a battery to store the electric energy that powers the motor. AEV batteries are
charged by plugging the vehicle in to an electric power source. AEVs are also referred to as
battery electric vehicles or BEVs.
For purposes of vehicle registration, Florida law currently defines the term “electric vehicle” to
mean “a motor vehicle that is powered by an electric motor that draws current from rechargeable
storage batteries, fuel cells, or other sources of electrical current.”4
Electric Semi-trucks
A number of automakers reportedly have “announced or advanced ambitious plans to electrify
heavy-duty big rigs, semi-trucks, box trucks, delivery vans and more.” The report details efforts
at various stages of development, such as companies that are ramping up production of
medium- and heavy-duty electric trucks; unveiling long-haul electric trucks; and actually
delivering battery-electric trucks.5
Electric Vertical Takeoff and Landing (eVTOL) Aircraft
Electric vertical takeoff and landing aircraft, other than the familiar helicopter, are in the
development stage. The Federal Aviation Administration (FAA) is currently working with a
number of companies seeking what is called a type certificate, which is the FAA’s approval of
the design of the aircraft and all component parts. The certificate “signifies the design is in
compliance with applicable airworthiness, noise, fuel venting, and exhaust emissions
standards.”6
3
See AFDC, Hybrid and Plug-In Electric Vehicles, available at https://www.afdc.energy.gov/vehicles/electric.html (last
visited March 16, 2021).
4
Section 320.01(36), F.S.
5
See GreenBiz, Keep your eyes on these 9 electric truck and van companies in 2021, January 4, 2021, available at
https://www.greenbiz.com/article/keep-your-eyes-these-9-electric-truck-and-van-companies-2021 (last visited
March 16, 2021).
6
See FAA, Certification, available at https://www.faa.gov/uas/advanced_operations/certification/ (last visited
March 16, 2021). Once obtained, the next step is production certification, which is the approval to manufacture duplicate
products under an FAA-approved type design. Lastly is the airworthiness certification, either in the “Standard” or “Special
Class,” which signifies that an aircraft meets its approved type design and is in a condition for safe operation.
BILL: PCS/CS/SB 138 (303668) Page 4
III. Effect of Proposed Changes:
Florida EV Infrastructure Master Plan Reports (Section 5)
Present Situation
The 2020 Legislature enacted s. 339.287, F.S., directing the FDOT, in consultation with the
Public Service Commission and the Office of Energy within the Department of Agriculture and
Consumer Services (DACS), to develop and recommend a master plan for current and future
plans for the development of EV charging station infrastructure along the State Highway
System.7 The recommended master plan must be developed and submitted by July 1, 2021. As
also required, the FDOT submitted a preliminary status report in December of 2020.8
Preliminary recommendations in the status report contain 12 areas of focus, with potential
strategies and action items categorized by potential action type (by executive order, legislative,
and/or agency action) and potential lead and coordinating agencies identified.9
In accordance with the 2020 law, the status report reviews emerging technologies in the electric
and alternative vehicle market and sets out the following preliminary findings: 10
 With respect to EV technologies:
o PHEVs have a relatively short range on a full battery (~40 miles). Once expired, the
internal combustion engine automatically starts, so PHEVS are not limited in range by
available electricity.
o BEVs have a 40-300 mile range, depending on the vehicle make and model, which is a
primary consideration for long-range travel and evacuations.
 With respect to EV technology trends:
o The trend is toward increased battery power density, increased battery lifetime (recharge
cycle), and higher battery voltages.
o BEV historical battery cost has decreased from ~$1,175 per kWh11 in 2010 to ~$375 per
kWh in 2015 and is forecasted to decrease further to ~$160 in 2020 and to ~$100 in
2025.
o BEV historical range has increased from ~75 miles in 2010 to ~160 miles in 2015 and is
forecasted to increase further to 250 miles in 2020 and ~450 miles in 2025.
7
Chapter 2020-21, s. 3, Laws of Florida.
8
FDOT, EV Infrastructure Master Plan Status Report, December 1, 2020, available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/planning/fto/evmp-status.pdf?sfvrsn=ac348cf4_8 (last
visited March 16, 2021).
9
These recommendations are set out in table form for ease of review at id. at p. 15.
10
Supra note 8 at p. 3.
11
Per kilowatt hour.
BILL: PCS/CS/SB 138 (303668) Page 5
As required, the report also evaluates and compares EV charging stations available at present and
which may become available, key findings of which are summarized in part in the below table:
Charge Rate
EVSE12 Type Supply Voltage Power Level Use cases
(miles/hour)
Level 1 120V (toaster) 1 -18 kW 3–7 Home/overnight
3.3 – 19.2 10-60 Home/work
Level 2 208-240V (clothes dryer)
7.7 kW typical 26 Destination charging
50 kW 175
DC Fast 480V (commercial HVAC Roadside/travel
150 Kw 500
Charger unit) Emergency charging
350Kw 1,200
The report indicates that Level 1 chargers are currently obsolete for commercial purposes,
Level 2 chargers are currently dominant for commercial purposes, and DC fast chargers are the
most applicable for long-range travel and evacuations.13 Future EVSE technologies for fleet and
passenger operations include higher-power charging, up to 350 kW with current standards,
extreme fast charging for medium and heavy duty applications, and wireless power transfer.14
Effect of Proposed Changes
Section 5 of the bill amends s. 339.287, F.S., relating to the EV Infrastructure Master Plan
reports. The bill requires the FDOT to submit a supplemental master plan to the Governor, the
President of the Senate, and the Speaker of the House of Representatives by July 1, 2023; the
current recommended master plan is still due July 1, 2021. The supplemental master plan must
also include recommendations for legislation and other recommendations as determined by the
FDOT.
The supplemental master plan must:
 Address innovations in EV charging infrastructure occurring since the submission of the
recommended master plan and the development of high-powered charging infrastructure for
electric aircraft, and
 Make recommendations related to charging station infrastructure along the State Highway
System and at airports, seaports, and other ports in light of the innovations.
The bill requires the FDOT to file a second status report by December 1, 2021.
12
The report refers to EV charging equipment using an industry term, electric vehicle supply equipment or EVSE.
13
Supra note 8 at p. 4.
14
Id. For a map of existing publicly accessible Level 2 station locations (773), DC fast charger stations (59), and locations
funded by the Florida Department of Environmental Protection from the VW Settlement (27), see p. 16.
BILL: PCS/CS/SB 138 (303668) Page 6
EV Infrastructure Grant Program (Section 4)
Present Situation
The EV Infrastructure Master Plan status report also identified barriers to the use of EVs and
EV charging station infrastructure for both short- and long-range EV travel. With respect to
barriers to adoption of EVs:
 EV prices are generally still higher than a motor vehicle powered solely by an internal
combustion engine, but cost parity with internal combustion engine vehicle is expected to
occur between 2025 and 2030.
 Range anxiety is a significant factor during longer trips, as drivers worry about availability of
electric vehicle supply equipment (EVSE).
 A lack of EV models exists on the market; trucks and SUVs account for greater than
50 percent of vehicles registered in Florida.
 Dealerships lack the knowledge or willingness to suggest the purchase of an EV and have
few available EVs.15
As for barriers to adoption of EVSE:
 The EV customer base is low and the public lacks awareness of EVSE locations. A
perception exists that gasoline is cheap and the public is generally more familiar with internal
combustion engine vehicles.
 EV charging speeds are a deterrent, in that charging speed is a function of power delivery of
the EVSE and how much power the EV can accept.
 Service providers locate EVSE where EV adoption is highest, resulting in gaps in EVSE
particularly in low-utilization, rural, and income qualified communities. In addition, a lack of
site-specific utility infrastructure for DC fast charger stations exists, particularly in rural and
emergency-critical areas, and additional costs are incurred when back-up power is provided
for emergency-critical EVSE locations.
 Utility charges increase during peak demand periods.
 A lack of state-level public funding to deploy EVSE exists, especially in low-use areas.16
Current Florida law contains the following EV-related incentives:
 Section 163.08, F.S., authorizes a property owner to apply to a local government for funding
of, or to enter into, a financing agreement with the local government to finance i