Item 4. Controls and Procedures

(a) Evaluation of Disclosure Controls and Procedures

As of March 31, 2022, each of NEE and FPL had performed an evaluation, under the supervision and with the participation of its management, including NEE's and FPL's chief executive officer and chief financial officer, of the effectiveness of the design and operation of each company's disclosure controls and procedures (as defined in the Securities Exchange Act of 1934 Rules 13a-15(e) and 15d-15(e)). Based upon that evaluation, the chief executive officer and the chief financial officer of each of NEE and FPL concluded that the company's disclosure controls and procedures were effective as of March 31, 2022.

(b) Changes in Internal Control Over Financial Reporting

NEE and FPL are continuously seeking to improve the efficiency and effectiveness of their operations and of their internal controls. This results in refinements to processes throughout NEE and FPL. However, there has been no change in NEE's or FPL's internal control over financial reporting (as defined in the Securities Exchange Act of 1934 Rules 13a-15(f) and 15d-15(f)) that occurred during NEE's and FPL's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, NEE's or FPL's internal control over financial reporting.

PART II – OTHER INFORMATION

Item 1. Legal Proceedings

With regard to environmental proceedings to which a governmental authority is a party, NEE's and FPL's policy is to disclose any such proceeding if it is reasonably expected to result in monetary sanctions of greater than or equal to $1 million.

On April 1, 2022, ESI Energy, LLC, (ESI Energy), a subsidiary of NextEra Energy Resources, voluntarily entered into an agreement with the U.S. Department of Justice (DOJ) related to the accidental fatalities of eagles at certain wind facilities operated by NextEra Energy Resources. Terms of the agreement include a plea by ESI Energy to three misdemeanors of the Migratory Bird Treaty Act associated with accidental eagle fatalities at two wind facilities in Wyoming and one wind facility in New Mexico, payment of approximately $6 million in fines and restitution, five years’ probation, implementation by ESI Energy of an eagle management plan and pursuit of applications for eagle “take” permits under the Bald and Golden Eagle Protection Act for 50 existing or in development wind facilities which NextEra Energy Resources operates or will operate. Under the agreement, the DOJ will not prosecute NextEra Energy Resources or its affiliates for any eagle fatalities that have previously occurred, or may occur, at wind facilities operated by NextEra Energy Resources nationwide prior to the earlier of the date such facility obtains a permit or the date that is up to ten years following court approval of the agreement, provided that ESI Energy remains in compliance with its commitments under the agreement. The agreement has been filed with, and approved by, the U.S. District Court of the District of Wyoming. NextEra Energy Resources voluntarily undertakes adaptive management practices designed to avoid and minimize eagle impacts and, notwithstanding the agreement, continues to believe that the criminal liability provisions of these laws were intended only to apply to hunting, poaching and other intentional activities, and do not apply to accidental collisions with wind turbines or other manufactured items, such as airplanes, locomotives, automobiles and buildings. NEE does not believe ESI Energy’s compliance with the agreement will have a material adverse impact on NEE’s business, financial condition, results of operations or prospects.