As Florida’s population continues to grow and change, it is important that our communities continue to reflect local values. This is best accomplished by empowering local voters and their representatives and not by one-size-fits-all regulations from Tallahassee. For the past few years, efforts have been made to require all local government actions to be specifically authorized by the legislature with the passage of preemptions. The Florida Association of Counties, in order to set the stage for local leadership to rally behind home rule, tracks and analyzes these preemptions each Legislative Session.

 

  

   

HB 57/SB 242 – RACIAL AND SEXUAL DISCRIMINATION  

SPONSOR: FINE, FISCHER/GRUTERS

STATUS: MONITOR

Prohibits state agencies, counties, municipalities, & educational institutions from providing mandatory training for employees or students which espouses certain concepts. Mandatory employee training, whether provided by a county employee or a hired contractor, may not teach, advocate, encourage or promote divisive concepts, race or sex scapegoating, or race or sex stereotyping. Effective Date: 7/1/22 

HB 75 – LIMITING COVID-19 RESTRICTIONS 

SPONSOR: SABATINI  

STATUS: MONITOR 

Prohibits the state or any political subdivision from enacting a mask mandate. If a mask mandate is enacted, it is invalid and therefore void. Prohibits the state and local governments from requiring COVID-19 vaccinations; or issue a vaccine passport or any documentation indicating an individual’s COVID-19 vaccination status or records. Additionally, prohibits businesses from requiring patrons or customers to provide COVID-19 vaccination status or documentation to enter or receive service from business. Declares certain actions based on vaccination status or “immunity passport” as unlawful discriminatory practices. Effective Date: upon becoming law. 

SB 592 – FACE COVERING MANDATES  

SPONSOR: PERRY 

STATUS: MONITOR 

Prohibits counties from requiring US citizens to wear a face covering. Defines “face covering” as any item attached to a person’s face or head which is intended to slow or prevent the transmission of any illness or disease, including but not limited to, personal protective equipment, respirators, face shields, or cloth masks. Prohibits district school boards from adopting policies and rules surrounding the requirement of face coverings. Effective Date: upon becoming law. 

SB 594 – DISCRIMINATION ON THE BASIS OF COVID-19 VACCINATION OR POSTINFECTION RECOVERY STATUS 

SPONSOR: PERRY 

STATUS: MONITOR 

Prohibits government entities from requiring proof of COVID-19 vaccination or post infection recovery status as a condition of licensure or certification in the state. Prohibits vaccination status as a condition of employment. Provides for a right of action for aggrieved persons and entitled to the right to recover damages and reasonable attorney fees for each violation. Effective Date: upon becoming law.  

SB 280/ HB 403 – LOCAL ORDINANCES  

SPONSOR: GIALLOMBARDO / HUTSON

STATUS: SUPPORT

Authorizes challenges to local ordinances on grounds they are impliedly preempted by state law, conflict with state law, or are arbitrary or unreasonable, and allows the courts to award attorney fees and costs to the prevailing complainant. An award of attorney fees or cost and damages cannot exceed $50,000. Similar to challenges under current law that are brought against local ordinances on express preemption grounds, allows a complainant to recover damages against the local government that enacted the local ordinance.

 

Requires a board of county commissioners to prepare a business impact statement before the adoption of certain ordinances. Mandates the preparation of a business impact estimate that must be published on a county’s or city’s website at the same time as notice of a proposed ordinance is published. The business impact statement must include: a summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the county, the estimated economic effect of the ordinance on private for-profit businesses in the county and if any, an estimate of direct compliance costs businesses may reasonably incur if the ordinance is adopted and identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible, an estimate of the county’s regulatory costs, including an estimate of revenues from many new charges or fees that will be imposed on businesses to cover such costs. Additionally, a good faith estimate of the number of businesses likely to be affected by said ordinance and any additional information the board determines necessary.

 

The following local ordinances are excluded from the business impact statement requirement:

  • Part II of chapter 163;
  • Section 553.73;
  • Section 633.202;
  • Sections 190.005 and 190.046;
  • Ordinances required to comply with federal or state law or regulation;
  • Ordinances related to issuance or refinancing of debt;
  • Ordinances related to the adoption of budgets or budget amendments;
  • Ordinances required to implement a contract or an agreement; including but not limited to, any federal, state, local, or private grant or financial assistance accepted by a county government; or
  • Emergency ordinances.

 

Additionally, a county must suspend enforcement of an ordinance that is subject of action if the legal action is filed no later than 90 days after the adoption of the ordinance, the complainant requests suspension in the initial complaint or petition, and the county that has been served with a copy of the complaint or petition. The bill only applies to ordinances adopted on or after October 1, 2022.  Effective Date: 10/1/22

HB 325/SB 512 – VACATION RENTALS  

SPONSOR: FISCHER/BURGESS 

STATUS: MONITOR

Provides a method of regulation and a registration program for local vacation rental registration programs. Requires advertising platforms to collect and remit taxes when guests use a payment through their platform. Expands authority of local laws, ordinances, or regulations to include requiring vacation rentals to register with local vacation rental registration programs. Revises the regulated activities of public lodging establishments and public food service establishments preempted to the state to include licensing. Authorizes the Division of Hotels and Restaurants of the Department of Business and Professional Regulation to issue and deliver notice to cease and desist for certain violations. The Division may also revoke, refuse to issue or renew, or suspend vacation rental licenses if the owner has code violations or fails to provide registration. Effective Date: upon becoming law.  

HB 445/SB 696 – TRANSPORTATION NETWORK COMPANIES  

SPONSOR: BOTANA/PERRY 

STATUS: MONITOR

Specifies that airports or seaports cannot charge pickup fees that exceed $2 per ride to transportation network companies for their use of an airport’s or seaport’s facilities and pick up operations. Prohibits certain airports and seaports from removing, degrading, or impeding certain services, benefits, or infrastructure, which includes staging lots, curb access, and driver rest facilities made available to a TNC before January 1, 2021. Effective Date: 7/1/22 

HB 481/SB 1332 – TEMPORARY UNDERGROUND POWER PANELS  

SPONSOR: DUGGAN/WRIGHT

STATUS: MONITOR

Prohibits counties and municipalities from enacting ordinances, regulations, or policies that prevent certain electric utilities from installing temporary underground power panels if the panel meets the requirements of Article 590 of the National Electrical Code (2021). Additionally, it prevents counties and municipalities from requiring permanent inspections after a temporary inspection has been conducted. Effective Date: 7/1/22 

SB 518/HB 1555 – PRIVATE PROPERTY RIGHTS TO PRUNE, TRIM, AND REMOVE TREES

SPONSOR: BRODEUR/MCCLAIN

STATUS: MONITOR

Revises conditions under a local government’s authority to require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property. A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA (International Solar Alliance) or a Florida licensed landscape architect that the tree poses an unacceptable risk. A tree poses an unacceptable risk if removal is the only option to mitigate. Defines “documentation” as an onsite tree risk assessment performed with the tree risk assessment procedures as outlined in Best Management Practices-Tree Risk Assessment, Second Edition (2017).  Effective Date: 7/1/22

SB 524/PIE3 – ELECTIONS  

SPONSOR: HUTSON/ H PUBLIC INTEGRITY & ELECTIONS 

STATUS: MONITOR

Provides changes to the Election Code, a few changes include, creating the Office of Election Crimes and Security within the Department of State and increasing the amount of total fines that may be assessed against a third-party voter registration organization. Prohibits ranked-choice voting in the state of Florida for the nomination of any candidate to any local, state, or federal office. Any existing or future or ordinances enacted by a local government allowing ranked-choice voting is void. Ranked-choice voting is a method that allows voters to rank candidates for office in order of preference, following multiple rounds until a single candidate attains a majority.  

House PCB bill: Requires County Commissioners elected in single-member districts to run for re-election following decennial redistricting, excludes Miami-Dade County, charter counties with redistricting, and every county in which voters have not voted to impose term limits, regardless of any judicial nullification of such vote.  Effective Date: Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law. 

HB 721/SB 614 – AUTHORIZATION OF RESTRICTIONS CONCERNING DANGEROUS DOGS

SPONSOR: BUCHANAN/GARCIA 

STATUS: MONITOR

Allows public housing authorities to adopt ordinances, rules, or policies to address dangerous dogs, however, the rule or policy may not be breed-specific. Removes the grandfather provision in Florida statute, allowing for breed-specific regulations, if the ordinance was adopted prior to October 1, 1990. Effective Date: 10/1/22.

HB 569/SB 620 – LOCAL BUSINESS PROTECTION ACT 

SPONSOR: MCCLURE/HUTSON

STATUS: MONITOR

LAST UPDATE: SB620: NOV30 FAVORABLE (7-4) IN S JUDICIARY, NOW IN S RULES 

Authorizes private, for-profit businesses to claim business damages from a county or municipality of the county or municipality that enacts or amends certain ordinances or charter provisions. A business conducting business in the jurisdiction for at least 3 years may claim business damages if a county or municipality enacts or amends an ordinance or a charter that causes a reduction of at least 15% of the business’ profit.

 

Exempted ordinances from business damages include:

  • Required to comply with state or federal law;
  • Emergency ordinances, declarations, or orders under State Emergency Management Act;
  • A temporary emergency ordinance in place no more than 90 days;
  • Part II of Ch. 163 relating to growth policy, planning, and land development regulations, including zoning, development orders, and development permits;
  • Florida Building Code (s.553.73);
  • Florida Fire Prevention Code (s.633.202);
  • Required to implement a contract or agreement, including federal, state, local grant;
  • Relating to issuance or refinancing of debt;
  • Relating to adoption of a budget or budget amendment, including revenue sources necessary to fund the budget,
  • Relating to procurement
  • Intended to promote, enable, or facilitate economic competition.

 

Specifies procedures and methodologies for a business to recover business damages, attorney fees, and costs against a local government. Businesses must comply with a required 180-day presuit notice and settlement period.  The business must provide copies of the business’ records and potential additional data. A local government must accept, reject, or make a counteroffer within 120 days of receiving the offer, and may include an offer to grant a waiver to the application of the ordinance or charter provision.

 

A business must file an action within one year after the effective date of the relevant ordinance, ordinance amendment, or charter provision. A local government has the opportunity to cure by repealing the ordinance, amending the ordinance to the form before the business claim arose within 30 days, providing a waiver from enforcement of the ordinance to the business that asserted the claim for damages, or concerning county charters, providing notice of intent to repeal or amend, and voters repeal or amend the charter provision at an election within 90 days after publication of the notice.

 

If the business and local government do not agree on an award of fees and costs incurred during the pre-suit period, the business may file an action to recover fees and costs. A business must file an action within one year after the effective date of the relevant ordinance, ordinance amendment, or charter provision. The amount of business damages recovered is limited to the present value of the business’s future lost profits for the lesser of seven years or the number of years the business has been in operation in the jurisdiction before the ordinance was enacted or amended. The court may award reasonable attorney fees and costs to the prevailing party. Applies only to county ordinances or charter provisions enacted or amended on or after the effective date of this act. Effective Date: upon becoming law.

HB 849/SB 994 – PET PROTECTION 

SPONSOR: DIAZ/FERNANDEZ-BARQUIN 

STATUS: OPPOSE  

Creates the “Florida Pet Protection Act”, requiring the licensure of retail pet stores. Limits and defines the sources from which retail pet stores may acquire household pets. Requires the Department of Business and Professional Regulation to conduct periodic inspections of retail pet stores and to audit sales records. The department is required to deny a retail pet store license if they do not abide by specific standards. The bill prohibits county and municipal ordinances and regulations from prohibiting or regulating the breeding, purchase, or sale of certain working dogs. However, a county or municipality may adopt an ordinance or a regulation on or after 7/1/22, which regulates, but does not prohibit, the operation of retail pet stores or the breeding, purchase, or sale of household pets. Effective Date: 7/1/22 

SB 996 – FEES/PET STORE LICENSE 

SPONSOR: DIAZ

STATUS: OPPOSE  

Requires an initial or renewal pet store license application to be accompanied by a specified nonrefundable license fee, that shall not exceed $25 per licensed location. This act shall take effect on the same date that SB 994 or similar legislation takes effect. 

HB 943/SB 1124 – PREEMPTION OF LOCAL GOVERNMENT WAGE MANDATES    

SPONSOR: HARDING/GRUTERS 

STATUS: OPPOSE

Creates the “Wage Mandate Preemption Act,” that revises prohibitions on political subdivisions enacting, maintaining, or enforcing wage mandates in an amount greater than the state or federal minimum wage rate. Provides an exception, allowing political subdivisions to enact, maintain, or enforce minimum wage requirements or other benefits included in a collective bargaining agreement for employees of the political subdivision. Additionally, an exception exists if federal law requires the payment of a prevailing minimum wage to persons working on projects funded in whole or in part by federal funds.  Effective Date: upon becoming law.

HB 1411/ SB 1338 – FLOATING SOLAR FACILITIES

SPONSOR: AVILA/DIAZ

STATUS: MONITOR

Defines the term “floating solar facility,” providing that they must be a permitted use in appropriate land use categories in each local government’s comprehensive plan. Requires each local government to amend its development regulations to promote the expanded use of floating solar facilities. Authorizes a county to specify certain buffer and landscaping requirements for floating solar facilities. However, construction of a floating solar facility excludes the Lake Belt Area and an Everglades Agricultural Area reservoir project if local governments determine negative impacts. Requires the Office of Energy within the Department of Agriculture and Consumer Services to submit specified recommendations to the Legislature to provide a regulatory framework relating to floating solar facilities. Effective Date: 7/1/22

HB 219/SB 1380 – MARKETABLE RECORD TITLES TO REAL PROPERTY/ REAL PROPERTY RIGHTS

SPONSOR: TUCK/ RODRIGUEZ (A)

STATUS: MONITOR

Revises rights and the types of interest that are not affected or extinguished by marketable record titles. Authorizes owners or operators of private property used for motor vehicle parking to establish rules, rates, and fines governing private persons parking on the property. Prohibits counties and municipalities from enacting any ordinance or regulation attempting to restrict or prohibit a property owner or operator from adopting rules, rates, or fines. Effective Date: Upon becoming a law

HB 707/SB 1158 – HOME KITCHEN OPERATIONS

SPONSOR: LEARNED/JONES

STATUS: MONITOR

Preempts the regulation of home kitchen operations to the state. A local law, ordinance, or regulation may not prohibit a home kitchen operation or regulate the preparation, processing, storage, or sale of home kitchen products by a home kitchen operation; however, a home kitchen operation must comply with the conditions for the operation of a home-based business under s. 559.955, F.S.  Effective Date: Upon becoming law.

HB 667- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

SPONSOR: MCCLAIN

STATUS: MONITOR

Preempt counties and local governments from prohibiting the use of outdoor kitchen equipment. Effective Date: 7/1/22 

HB 867/SB 990 – TOWING VEHICLES

SPONSOR: RIZO/DIAZ

STATUS: MONITOR

Preempts the state regulation of claiming a lien for the recovery, removal, towing, or storage of a vehicle or vessel and supersedes any county or municipal ordinance, resolution, rule, or regulation. Effective Date: 7/1/22