PREEMPTIONS & MANDATES

Please navigate below to view a summary or check the status and recent updates of preemption bills monitored by FAC.

Sponsor: Robinson (F)/Jones
Status: Monitor

To view the latest bill actions, please see below:

HB 47

SB 104

Current law authorizes a municipality providing water or sewer utility services to consumers outside of its municipal boundaries to charge those extra-jurisdictional consumers a surcharge of up to 25%. This bill provides an exception, requiring a municipality to charge consumers outside of its municipal boundaries the same rate it charges within its boundaries, in the event that it uses a recipient municipality’s utility facilities in the course of providing these services.  

Effective date: July 1, 2024. 

Sponsor: Chaney

Status: Monitor

To view the latest bill actions, please see below: 

-HB 49

Reduces the age limitation for minors from 17- to -15 years old in s. 450.081 F. S of the child labor laws relating to hours of working in certain occupations. This bill expands the working conditions for 16- and 17-year-olds to match those of an 18 – year old.  

 This bill also prohibits counties and municipalities that adopt their own curfew ordinances from having more stringent guidelines than those set by the state.  

Effective date July 1, 2024

Sponsor: Salzman / Ingoglia

Status: Oppose

To view the latest bill actions, please see below:

-HB 57

-SB 438

Establishes term limits for county commissioners who will have served for 8 consecutive years in office. This section applies to both charter and non-charter counties but does not supersede more restrictive term limits set by a county charter. Service of a commissioner before November 8, 2022, will not be counted towards these limitations

Effective Date July 1, 2024

Sponsor: Jones

Status: Monitor

To view the latest bill actions, please see below:

-SB 110

Strips counties and municipalities of general law authority to set the maximum rates for the towing of vehicles and vessels from a wrecker service.  

Effective Date July 1, 2024  

Sponsor: Nixon / Davis  

Status: Monitor  

To view the latest bill action, please see below: 

-HB 181

-SB 296

Requires state correctional institutes to provide portable air conditioners or air–cooling systems in each housing unit. This shall be funded from appropriations to the department in the General Appropriations Act.  

Effective Date July 1, 2024  

Sponsor: Hart / Powell

Status: Monitor

To view the latest bill action, please see below: 

-HB 233

-SB 1702

Requires state correctional institute to provide the following: Proper ventilation for all housing, sufficient meal time of 20 minutes for inmates unless the inmate has approved medical condition requiring an extension. Adequate food supply in case of an emergency, a correctional institution must set up a program with one or more community food bank locations near the institution. Necessary health supplies, PPE for medical staff and inmate health, and necessary health products, including sanitary napkins, tampons, soap, and toothpaste. The department shall provide written notice to inmates of these rights upon entry. An inmate may file a grievance at any time if they believe these rights are being denied. Expands the definition of “Permanently incapacitated inmate” to include physical disability, impairment, or handicap.  

Effective Date July 1, 2024  

Sponsors: Lopez / Garcia 

Status: Monitor

To view the latest bill action, please see below:

-HB 271

-SB 388 

This bill clarifies the current preemption local governments have regarding private parking charges and fees including parking charges for violating the rules of the property owner and operator. Effective Date July 1, 2024.

Sponsor: McClain / Ingoglia    

  

Status: Oppose 

 

To view the latest bill action, please see below: 

HB 1221

SB 1184

 

This bill:  

  • Revises definitions within the Community Planning Act;  
  • Provides requirements for self-storage facility expansions;  
  • Establishes criteria for approval of infill residential developments;  
  • Revises data sources used in consideration of the comprehensive plan and plan amendments;  
  • Requires land development regulations adopted by a local government to establish minimum lot sizes consistent with the maximum density authorized by the comprehensive plan and to provide standards for infill residential development;  
  • Prohibits optional elements of a comprehensive plan from restricting the density or intensity established in the future land use element;  
  • Revises criteria to include in the future land use element to; and  
  • Revises the procedure for the adoption of small-scale comprehensive plan amendments.  

Effective Date July 1, 2024 

Sponsor: Garrison / Martin  

  

Status: Monitor  

  

To view the latest bill action, please see below: 

HB 1365

SB 1530

 

The bill prohibits counties and municipalities from authorizing or permitting public sleeping or camping on public property, public buildings, or public rights-of-way without a lawfully issued temporary permit. Provides that counties and municipalities may, at their discretion, designate certain property owned by the county or municipality for public sleeping or public camping if the following conditions are met, as determined by the Department of Children and Families:  

  • Minimum sanitation levels, which include, but are not limited to, access to clean and operable restrooms and running water.  
  • Security is present on the site at all times.  
  • Access to behavioral health services, including, but not limited to, substance abuse and mental health treatment resources, is provided.  
  • Drugs and alcohol are prohibited within the designated area, and  
  • The designated area may not be in a location where it adversely and materially affects the value or security of existing residential or commercial properties.  

 

The bill also provides that a person or business may bring a civil action in any court of competent jurisdiction against any county or municipality to enjoin a violation of the provisions of the bill. If the civil action is successful, a person or business may recover reasonable expenses, including court costs, reasonable attorney fees, investigative costs, witness fees, and deposition costs.  

Effective Date October 1, 2024 

Sponsor: Campbell   

 

Status: Monitor  

 

To view the latest bill action, please see below: 

HB 7049

SB 1032 

 

The proposed committee bill addresses matters related to transportation. Specifically, the bill:  

  • Revises the membership of the Center for Urban Transportation Research (CUTR) advisory board.  
  • Makes a technical change to the name of a member of the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies Living Lab (I-STREET) advisory board.  
  • Creates a moratorium on new metropolitan planning organizations (M.P.O.s) adjacent to existing M.P.O.s.  
  • Repeals the Metropolitan Planning Organization Advisory Council.  
  • Requires FDOT to, at least annually, convene M.P.O.s of similar size for the purpose of exchanging best practices.  
  • Creates the following M.P.O. accountability and transparency provisions:  
    • Requires the Florida Department of Transportation (FDOT) to review each M.P.O.’s long-range transportation plan.  
    • Requires FDOT to create quality performance metrics to evaluate each M.P.O. 
    • Beginning December 1, 2025, requires each M.P.O. to annually report its score for each quality performance metric and publish the score and supporting data on its website. 
    • Requires FDOT to validate each M.P.O.s score calculation and make adjustments as needed.  
    • Beginning in December of 2026, and every three years thereafter, provides that an M.P.O. that falls under a certain performance metric will be placed under the control of the Secretary of Transportation for a period not to exceed one-year. 
    • Subject to appropriation, beginning in December of 2026, and every three years thereafter, provides that the M.P.O. with the highest quality performance score will receive $5 million from the State Transportation Trust Fund for projects approved in its work program.  
  • Revises the items that each M.P.O. must consider when developing its long-range transportation plan and the items that must be included in the plan.  
  • Requires, by February 2025, the M.P.O.s serving Lee and Collier counties to submit a report considering the feasibility of consolidation into a single M.P.O.  
  • Requires, by October 31, 2024, FDOT to submit a report to the Governor and Legislature that provides a comprehensive review of the boundaries of each of FDOT’s districts and whether any district boundaries should be redrawn as a result of population growth and increased urban density.  
  • Requires, by October 1, 2024, the Department of Highway Safety and Motor Vehicles to begin implementation of a redesigned standard state license plate. 

In addition to the House Bill, the Senate Version does the following: 

  • Repeals the Florida Transportation Commission and all its duties.  

Effective Date July 1, 2024 

Sponsor: Collins / McClure   

 

Status: Oppose  

 

To view the latest bill action, please see below: 

SB 1628

HB 1547

 

Creates a process through which various agencies may be requested by affected private parties to review local government actions that affect certain economic sectors of the state, such as agriculture, energy, and transportation. Revises the categories of local ordinances exempt from statutes related to the production of Business Impact Estimates and subject to certain conditions on lawsuits brought by any party to challenge the legal validity of local ordinances as preempted by state law, arbitrary, or unreasonable. The bill also requires the Office of Program Policy Analysis and Government Accountability to produce a report on the implementation and effectiveness of the impact review process established in the bill.  

Effective Date October 1, 2024 

REPEALS

Sponsor: Stewart

Status: Support

To view the latest bill actions, please see below: 

-SB 122 

Repeals the section of statute preempting local governments from regulating the removal and trimming of trees.  

Effective Date July 1, 2024.