HB 53/SB 1076- Public Works Projects

Sponsors: DiCeglie/Brodeur                                                            STATUS: Oppose

Last Update: HB 53: MARCH29 Favorable (11-6) in H Public Integrity & Elections, now in H State Affairs (LAST CMTE.) SB 1076: MARCH30 Favorable (6-3) in S Community Affairs 

Preempts existing local ordinances related to the procurement process for public works projects when any state funds are used. Currently, state law preempts local ordinance preferences when 50% or more of the cost will be paid from state-appropriated. The bill removes this 50% threshold and applies the prohibition on local preference to all solicitations that will be paid for with funding that is state-appropriated. Imposes a penalty prohibition based upon certain criteria for competitive solicitation construction services paid for with any state-appropriated funding. Prohibits using a local ordinance or resolution that imposes a penalty based on a contractor's maintaining an office or business within a particular jurisdiction; a contractor's hiring of employees or subcontractors from within a particular jurisdiction; or a contractor's prior payment of taxes, assessment, or duties in a particular jurisdiction.  Amends the definition of “public work projects” as an activity that exceeds $300,000 in value and that is paid for with any state-appropriated funds. Removes the preference granting prohibition language and maintains in lieu of language prohibiting the state or any political subdivision that contracts for a public works project from imposing a penalty during the bidding process based on the geographic location of the company headquarters or offices of the contractor, subcontractor, or material supplier or carrier who is submitting a bid on a public works project, as well as, the residence of the employees of such contractor, subcontractor, or material supplier or carrier. SB 1076: provides that penalty prohibitions (as now reframed) do not apply to a program authorized in s. 212.055(1), F.S., relating to the charter county and regional transportation surtax, that is approved by the majority of a county's electors or by charter amendment approved by majority of the county's electors. Effective Date: 7/1/21

   

   

   

HB 55/SB 284 - Building Design

Sponsors: Overdorf/Perry  

STATUS: Oppose

Last Update: HB 55: MARCH 12 Favorable (18-5) in H Commerce (LAST CMTE.) SB 284: MARCH24 Favorable (8-1) in S Regulated Industries, now in S Rules (LAST CMTE.)

Prohibits local governments from adopting zoning and development regulations that require specific building design elements for residential dwelling, exceptions include historical property or districts, regulations under the National Flood Insurance Program, the regulations are adopted in accordance and compliance with the procedures for adopting local amendments to the Florida Building Code, community redevelopment areas, or in a planned unit development by a local government ordinance that is enacted on or before July 1, 2021. Prevents any residential dwelling from being subject to aesthetic design zoning and development requirements such as color, shape, and orientation of homes except for historical preservation and regulations to implement NFIP. This provision does not preclude covenants or other agreements between property owners. Residential dwellings are limited to single- and two- family dwellings. Effective Date: 7/1/21

HB 215 - PROHIBITION OF PUBLIC FUNDS FOR LOBBYING BY LOCAL GOVERNMENTS  

Sponsors: Sabatini                                                                                                                                                                                                  STATUS: Oppose

Prohibits local governments from using public funding to retain lobbyists to represent local governments on the legislative and executive branches. Full-time local government employees can lobby on behalf of local governments as the only exception. If a local government uses public funds for lobbying or said person accepts these funds from local government to lobby, they will be banned from lobbying for two years. The offender can file a complaint with the Commission of Ethics for the alleged violation and an investigation will be conducted by the Commission. A taxpayer and resident of a local government can file a civil action for injunctive relief for activity prohibited by local government and persons lobbying with public funds. Effective Date: 7/1/21  

HB 219 / SB 522 - Vacation Rentals 

SPONSORS: FISCHER / DIAZ 

STATUS: Oppose

Last Update: HB 219: FEB 17 Favorable (10-7) in H Regulatory Reform SUBCMTE., now in H Ways & Means - SB 522: MARCH11 Favorable (13-5) in S Appropriations 

Preempting the regulation of vacation rentals to the state; prohibiting local laws, ordinances, or regulations that permit or require the inspection or licensure of public lodging establishments, vacation rentals, and public food service establishment; preempting the regulation of advertising platforms for vacation rentals. Local vacation rental regulations enacted before June 1, 2011, are not, however, subject to this preemption. SB 522: The bill removes language that added licensing to the list of regulations of public lodging establishments and public food establishments that was orginally preempted to the state. Provides a local government may regulate activities that arise when a property is used as a vaction rental if the regulation applies uniformly to all residential properties Allows local governments with rental regulations enacted before June 1, 2011, to amend such grandfathered regulations to be less restrictive. Effective Date: Upon becoming law. SB 522 allows local governments with rental regulations enacted before June 1,2011, to amend such grandfathered regulations to be less restrictive. Effective date: Upon becoming law. 

HB 1481 / SB 1988 - Vacation Rentals  

Sponsor: Goff-Marcil/ Pizzo 

Status: Monitor 

Provides a local law, ordinance, or regulations may not prohibit the sitting, duration, or frequency of vacation rentals.  Allows a county or municipality to adopt and apply zoning regulations, land development regulations, or other ordinances to vacation rentals, so long as such requirements do not have the effect of prohibiting the siting of vacation rentals within the county or municipality. Provides rules for an applicant for the license of a vacation rental. Effective Date: 7/1/21 

SB266 / HB 403 - HOME-BASED BUSINESSES

Sponsor: Perry/Giallombardo

Status: Oppose

Last Update: HB 403: FEB 18: Favorable (10-6) in H Regulatory Reform SUBCMTE., now in H Commerce (last CMTE). SB 266- APRIL14 Favorable (12-2) in S Rules (LAST CMTE.)

Allows home-based businesses to operate in any area zoned for residential use.  Preempts local governments from licensing and regulating home-based businesses, prohibiting local governments from enacting or enforcing any ordinance, regulation, or policy, or take any action to license or otherwise regulate a home-based business.  Defines “home-based" business as one that operates from a residential property, where employees reside in the dwelling or are related to a resident, parking meets the zoning requirements, and the business does not substantially increase traffic, noise, waste or recycling, and viewed from the street the property is consistent with the uses of the residential areas that surround the property. The activities must be secondary to the property’s use as a residential dwelling. Provides that home-based businesses will only be subject to applicable business taxes in the county and municipality where the home-based business is located. Allows an adversely affected current or prospective home-based business owner to challenge any local government action regulating home-based businesses. The prevailing party in such action may recover its reasonable attorney fees and costs.  ​Effective Date: 7/1/21 

HB 267 / SB 426 - State Preemption of Seaport Regulations 

Sponsor: ROACH / BOYD

Status: Monitor

Last Update: HB 267: MARCH3 Favorable (12-6) in S Tourism, Infrastructure, & Energy SUBCMTE. SB 426- APRIL14 Favorable (12-5) in S Rules (LAST CMTE.)

Provides that, unless preempted by federal or state law, it does not limit the authority of a port authority or port district that is owned or operated by a municipal government, which is not a county defined in s. 125.011, to: Regulate vessel movements within its jurisdiction pursuant to s. 313.22(1), F.S. , establish fees and compensation for its services pursuant to s. 313.22(2), F.S. , adopt guidelines for minimum bottom clearance, for the movement of vessels, and for radio communications of vessel traffic pursuant to s. 313.23, F.S.  Except as authorized by general law, a municipal government may not restrict or regulate commerce in the seaports of this state, including, but not limited to, regulating or restricting a vessel's type or size, source or type of cargo, or number, origin, or nationality of passengers.  However, any such actions may not have the effect of regulating or restricting a vessel's type or size, source or type of cargo, or number, origin, or nationality of passengers, except as required to ensure safety due to the physical limitations of channels, berths, anchorages, or other port facilities. Prohibits and voids any local ballot initiative or referendum, or any local law, charter amendment, ordinance, resolution, regulation, or policy in a local ballot initiative or referendum in violation of the prohibition, adopted before, on, or after the effective date of the act. Effective date: Upon becoming law. 

SB 344/HB 471 - Legislative Review of Occupational Regulations  

Sponsor: Diaz/Rizo 

Status: Monitor

Last Update: SB 344: MARCH19 Favorable (5-0) in S Governmental Oversight and Accountability, now in S Appropriations 

Creates the “Occupational Regulation Sunset Act” which establishes a schedule for systematic review of the costs and benefits of occupational regulatory programs to determine whether to allow the program to expire, renew without modifications, renew with modifications, or provide for other appropriate actions. Any occupational regulatory program that expires through scheduled repeal may not be subsequently regulated by a local government. The regulation of any occupation repealed by this act is preempted to the state unless local regulation of such occupation is expressly authorized by law. Provides for a schedule of repeal for occupational regulatory programs.  Effective Date: upon becoming law. 

SB 430/ HB 991 – Petroleum/Fuel Measuring Devices

Sponsor: Ana Maria Rodriguez/Busatta Cabrera

Status: Monitor

Last Update: SB 430- APRIL14 Passed (40-0) on Third Reading HB 991- APRIL14 Favorable (16-6) in H Commerce (LAST CMTE.)

Preempts to the state and the Department of Agriculture and Consumer Services (DACS) the regulation of petroleum fuel measuring devices. Removes DACS’ authority to impose administrative fines and penalties for violations of petroleum fuel measuring device requirements, unless the owner or operator of a petroleum fuel measuring device fails to affix or install a security measure. Currently, three counties have adopted additional consumer protection measures to protect against card skimming at gas pumps. Effective Date: 7/1/21

HB 439/SB 810 - Prohibited Governmental Transactions with Technology Companies and for Chinese Products  

Sponsor: Fine/Gruters 

Status: Oppose

Prohibits an agency or local government to enter or renew a contact for the purchase of any good made or that contains 25% or more parts that were produced in China. If a contract is entered with an agency or local government entity after 1/1/23, the contract must contain a provision that authorizes the termination of such contract if the company is providing goods made or at least 25% of parts produced in China. Furthermore, an agency or local government entity cannot enter into an agreement or contract for the purchase of any goods or services made, or sold by Facebook, Twitter, Amazon, Apple, or Alphabet. If a contract is entered with an agency or local government entity after 1/1/21, the contract must contain a provision that authorizes the termination of such contract if a company is found to be providing goods or services by Facebook, Twitter, Amazon, Apple, or Alphabet. Effective Date: 7/1/21 

HB 663/SB 1294 - Cottage Food Operations  

Sponsor: Salzman/Brodeur

Status: Monitor

Last Update: HB 663: APRIL1 Passed on Third Reading (91-24) SB 1294: MARCH23 Favorable (7-2) in S Commerce and Tourism, now in S Rules (LAST CMTE.)

The bill increases annual gross sales of cottage food products from $50,000 to $250,000 and authorizes the sale and delivery of cottage food products by mail. Preempts the regulation of cottage food products to the state and prohibits any local law, ordinance, or regulation from regulating the preparation, processing, storage, and sale of these products. Effective date: 7/1/21 

HB 735/SB 268 - Preemption of Local Occupational Licensing

Sponsor: HARDING/PERRY

Status: Oppose

Last Update: HB 735: APRIL1 Passed on Third Reading (82-32) SB 268: APRIL7 Favorable (11-5) in S Rules (LAST CMTE.)

Preempts licensing of occupations to the state and prohibits local government from imposing or modifying additional licensing requirements unless specified. Any licensing of occupations authorized by general law is exempt from the preemption. The bill specifically prohibits local governments from requiring a license for a person whose job scope does not substantially correspond to that of a contractor or journeyman type licensed by the Construction Industry Licensing Board, within the Department of Business and Professional Regulation. It specifically precludes local governments from requiring a license for: painting, flooring, cabinetry, interior remodeling, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation. The bill also authorizes counties and municipalities to issue journeyman licenses in the plumbing, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades, which is the current practice by counties and municipalities. Local journeyman licensing is exempt from the preemption in the bill. SB 268: The date for grandfathered local licensing programs is January 1, 2021 and includes handyman services within the group of preempted occupations for which local licensing would no longer be allowed. Effective Date: 7/1/21. 

HB 539/SB 896 – RENEWABLE ENERGY 

SPONSOR: BYRD / BRODEUR

STATUS: OPPOSE

LAST UPDATE: HB 539: APRIL22 TEMPORARILY POSTPONED ON SECOND READING SB 896: APRIL 26 PASSED (25-14) ON THIRD READING

Amends s.366.91, F.S. by adding the terms “biogas” and “renewable natural gas” and expanding the term “renewable energy.” Requires that solar facilities are a permitted use in all agriculture land use categories in local government comprehensive plan. A county may adopt an ordinance to specifying buffer and landscape requirements for solar facilities with exceptions. This does not apply to any site that was subject of an application to construct a solar facility submitted to a local government entity before 7/1/21. Effective date: 7/1/21

SB 856 / HB 839 - Express Preemption of Fuel Retailers and Related Transportation Infrastructure 

Sponsor: Hutson / Fabricio

Status: Oppose

Last Update: SB 856: MARCH18 Favorable (6-3) in S Community Affairs, now in S Rules (LAST CMTE.) HB 839- APRIL14 Favorable (17-3) in H Commerce (LAST CMTE.) 

Applies transportation energy preemptions only to “fuel retailers” and changes the effective date to upon becoming law. The bill prohibits local governments from adopting a law, ordinance, regulation, policy, or resolution that prohibits the siting, development, redevelopment of a fuel retailer or the related transportation infrastructure that is necessary to provide fuel to a fuel retailer within a local government’s jurisdiction. Effective Date: Upon becoming law.

HB 919/SB 1128 - Preemption Over Restriction of Utility Services  

Sponsor: Tomkow/Hutson 

Status: Monitor

Last Updated: HB 919- APRIL14 Favorable (16-6) in H Commerce (LAST CMTE.) SB 1128: MARCH17 Favorable (9-0) in S Community Affairs, now in S Rules (LAST CMTE.)

Prevents counties, municipalities, special districts, or other political subdivisions from enforcing a resolution, ordinance, or code restricting or prohibiting the types of fuel sources of energy that can be used, delivered, converted, or supplied by a public utility. Effective date: 7/1/21

HB 1409 / SB 1884 - Preemption of Firearms and Ammunition Regulation  

Sponsor: Byrd/Rodrigues (R) 

Status: Monitor

Last Updated: HB 1409- APRIL15 Favorable (15-2) in H Judiciary (LAST CMTE.) SB 1884: MARCH 29 Favorable (6-4) in S Judiciary 

Preempts the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the state. Provides the right to maintain a legal action against a preempted local regulation, regulating firearms and ammunition, applies even if the local regulation is unwritten. Provides a mechanism for a plaintiff to recover damages and attorney’s fees when a government entity changes its regulation while the regulation is being challenged, when a government entity voluntarily changes the regulation, the plaintiff challenging the regulation is considered the prevailing party and may recover actual damages and attorney fees. Effective Date: 7/1/21