Since July 1, 2024, Florida has treated EV charging stations as a matter for the state, not for cities and counties. The law is section 366.94, Florida Statutes, amended by CS/CS/SB 1084 (chapter 2024-137, Laws of Florida), and the state agriculture department's Rule 5J-28, in effect since May 1, 2025, fills in the details. Most homeowners will never notice it. But it explains why your city cannot require EV-ready wiring, why your charger still needs an electrical permit, and why the law does not settle disputes with a condo board or HOA. Here is what it says, in plain terms.
What the statute says
The parts of section 366.94 that matter to a homeowner are short:
- Preemption. "The regulation of electric vehicle charging stations is preempted to the state," and a local governmental entity "may not enact or enforce an ordinance or regulation related to electric vehicle charging stations" (section 366.94(2)).
- What a charging station is. The area in the immediate vicinity of the charging equipment, including the equipment itself, supporting equipment and associated parking spaces (section 366.94(2)(a)).
- Your own charger. The 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" (section 366.94(1)).
- Permits continue. Local governments issue permits for charging stations based solely on standards set by the department's rule and other applicable state law (section 366.94(3)(c)).
- Public chargers register. Before a charger is placed into service for use by the public, it must be registered with the Department of Agriculture and Consumer Services (section 366.94(3)(d)). A private charger in your garage is not for public use.
- Parking. It is unlawful to stop, stand or park a vehicle that cannot use a charging station in a space specifically designated for charging an electric vehicle (section 366.94(4)).
What Rule 5J-28 adds
The department adopted Rule chapter 5J-28, Florida Administrative Code, effective May 1, 2025. Its local government section, Rule 5J-28.002, is the part homeowners run into:
- Local governments may not enact or enforce rules, or set permit conditions, that require a minimum or maximum number of chargers, EV parking spaces or other EV infrastructure for new or existing buildings (Rule 5J-28.002(1)).
- They may still issue electrical permits and perform electrical inspections based on the rule's safety standards, and inspections may not include requirements unrelated to safety (Rule 5J-28.002(4) and (5)).
- Charging equipment of all levels is to be approved as an accessory use in all zoning districts, absent health and safety concerns (Rule 5J-28.002(6)).
- A permit must be issued, or the application denied, within 90 days of a complete application, and the local government must notify the applicant of any errors or omissions within 30 days of receiving it (Rule 5J-28.002(8) and (9)).
The safety section, Rule 5J-28.003, ties charging equipment at a charging station to NFPA 70, the National Electrical Code, Article 625, as adopted by the State Fire Marshal; requires equipment to be listed; and calls for installation by a certified or registered electrical contractor in line with the manufacturer's instructions, the electrical code and the Florida Building Code. Florida's current building code is the 8th Edition (2023), which uses NEC 2020 for electrical work (Florida Building Commission).
What this means for a homeowner
Your charger still needs a permit
Preemption did not end permitting. The statute and the rule both keep local electrical permits and inspections in place. What changed is what a city can ask for: requirements are supposed to rest on safety standards, not local EV policy. Our guide to EV charger permits in South Florida walks through the process by county.
Your city cannot require EV-ready wiring in new homes
Before the 2024 law, local governments could set their own EV-ready requirements for new construction. Miami-Dade adopted one in 2019 for new development other than single-family homes, duplexes and townhouses (Miami-Dade legislative file 190662). Under section 366.94 and Rule 5J-28, local requirements like that can no longer be enforced. If you want a new home to be ready for a charger, you have to ask the builder; see EV-ready new construction in Florida.
The 90-day limit is a ceiling, not a schedule
The rule sets the longest a department may take on a complete application. It does not promise any particular speed, and it only runs from a complete application, so a thorough submittal matters more than the deadline.
It does not decide condo or HOA questions
The preemption applies to local governmental entities, which the rule defines as the governing authority of a municipality, county, special district or other political subdivision of the state (Rule 5J-28.001). A condo association or HOA is not one of those. Condo owners have their own statutory right to install a charger in their own parking space, with conditions (section 718.113(8), Florida Statutes); see our condo EV charger installation page. HOA members have no comparable statutory right; see Florida HOA EV charger rules. Tenants have none either; see renting and EV charging in Florida.
Registration is for public chargers
You do not register a home charger used for your own vehicles with the state. The registration requirement in section 366.94(3)(d) applies before a charger is placed into service for use by the public (FDACS electric vehicle charging stations).
What did not change
The electrical rules for your installation are the same as before: the charger goes on its own individual branch circuit (NEC 625.40), the circuit is sized for continuous duty, and the work is inspected. Utility programs and rates are separate from this law. And your own documents still matter if you live in a condo, an HOA community or a rental.
This is general information about Florida law, not legal advice. Statutes and rules change, and your own declaration, bylaws, rules, lease or other governing documents may add requirements. Read them, and talk to a Florida attorney if a dispute is likely.
Questions homeowners ask
Does Florida's preemption law mean I no longer need a permit for a home charger?
No. Local governments still issue electrical permits and inspect charging equipment based on safety standards. The law limits what else they can require.
Can my city ban EV chargers in my neighborhood?
Local governments may not enact or enforce ordinances or regulations related to EV charging stations, and the state rule says charging equipment is to be approved as an accessory use in all zoning districts, absent health and safety concerns.
Does the preemption law override my HOA?
No. It applies to cities, counties, special districts and other political subdivisions, not private associations. Your HOA's documents still control, within the limits of Florida's HOA statute.
When did this take effect?
The statute's preemption took effect July 1, 2024. The implementing rule, 5J-28, took effect May 1, 2025.
For the whole process, from permit to panel to charger, start with the Florida Home EV Charging Guide, or read how KRW Electric handles home EV charger installation. When you are ready to plan an installation, send us a photo of your panel and where you park, or call (305) 359-7312. KRW Electric (EC13012832) handles the permit and the inspection on its jobs.
Reviewed by Kyle White, KRW Electric Company LLC — licensed electrical contractor EC13012832.
