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Studio 67PREEMPTIONS & MANDATES
Please navigate below to view a summary or check the status and recent updates of preemption bills monitored by FAC.
Sponsor: Hooper/Esposito
Status: Monitor
To view the latest bill
actions, see below:
- Requires that, notwithstanding any law, rule, or ordinance to the contrary, a local governmental entity must accept an electronic proof of delivery as an official record for a material delivery on the local governmental entity’s transportation project.
Sponsor: Gantt/Berman
To view latest bill actions, see below:
- Requires each county courthouse to provide at least one lactation space, outside of a restroom, for members of the public to breastfeed. The lactation space must be provided by January 1, 2024, with specific requirements and exceptions. Authorizes the person responsible for the operation of the facility housing each district court of appeal to use state-appropriated funds or private funding to provide a lactation space. Counties will potentially incur costs from retrofitting county court facilities for a dedicated lactation space. Effective Date: 7/1/23
Sponsor: Rudman
Status: Oppose
To view latest bill actions, see below:
- Provides that members of the governing body of noncharter county may be removed from office by electors of county. Effective Date: on the effective date of the amendment to the State Constitution proposed by HJR 131 or a joint resolution having substantially the same specific intent and purpose.
Sponsor: Trumbell/ Brackett
Status: Support
To view latest bill actions, see below:
- Current law allows civil action challenges to local ordinances on grounds that they are expressly preempted by state law, or conflict with the state constitution. SB 170 expands this statute to include grounds that an ordinance is 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 and costs to the prevailing plaintiff. 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. It also requires 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; an estimate of direct compliance costs businesses may reasonably incur if the ordinance is adopted, if any; identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible, if any; and 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 –
- Ordinances that implement:
- 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 has been served with a copy of the complaint or petition. Only applies to ordinances adopted on or after October 1, 2023. An amendment to an ordinance enacted after October 1, 2023, can give rise to a claim only to the extent if the amendment language is the cause of the claim apart from the ordinance being amended. The bill is substantially the same as SB 280- Local Ordinances that failed last session.
- SB 170: An amendment was adopted clarifying notice at meetings, specifically if the proposed ordinance under consideration is continued to subsequent meetings. No notice is required except the continued consideration must be listed in an agenda or similar to what was produced for the subsequent meeting. This applies retroactively except to a court challenge that was filed by January 1, 2023.
- Effective Date: 10/1/23
Sponsor: Berman/Gossett-Seidman
Status: Monitor
To view the latest bill actions, see below:
Provides that counties are responsible for maintaining the health advisory signs around affected beach waters (elevated levels of fecal coliform, Escherichia coli, or Enterococci bacteria in the water) and public bathing places that they own. Requires, rather than authorizes, the Department of Health to adopt and enforce certain rules. Directs the department to require the closure of beach waters and public bathing places under certain circumstances; including public bathing places in an existing preemption of authority to the state pertaining to the issuance of such health advisories and an existing notification requirement. Requires the department to establish a public statewide interagency database for a specified purpose. Effective Date: 7/1/23
Sponsor: Gruters/Barnaby
Status: Monitor
To view latest bill actions, see below:
- Prohibits business & governmental entities from requiring individuals to provide proof of vaccination to gain access to, entry upon, or service from such entities. Prohibits employers from refusing employment to, or discharging, disciplining, demoting, or otherwise discriminating against, individual on basis of vaccination or immunity status. Effective Date: 7/1/23
Sponsor: Burton/ Griffits, Jr.
Status: Monitor
- Provides an exemption from public records requirements for certain information held by the Department of Legal Affairs or the Department of Health. Authorizes the disclosure of such information under certain circumstances; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc. Effective Date: On the same date that SB 252/HB 1013 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law
Sponsor: Burton/ Griffits, Jr.
Status: Monitor
To view latest bill actions, see below:
- Repeals a provision relating to prohibiting public employers from imposing COVID-19 vaccination mandates. Prohibits business entities and governmental entities from Requires COVID-19 testing to gain access to, entry upon, or service from such entities. Prohibits entities from requiring persons to provide certain documentation or requiring COVID-19 testing as a condition of contracting, hiring, promotion, or continued employment; prohibiting business and governmental entities from refusing to hire persons, discharging persons, depriving or attempting to deprive persons of employment opportunities, adversely affecting persons with respect to employment, or otherwise discriminating against any person based on knowledge or belief of a person’s COVID-19 vaccination or postinfection recovery status or failure to take a COVID-19 test, etc. Effective Date: 7/1/23
Sponsor: Martin SB 250
Status: Monitor
- Prohibiting counties and municipalities, respectively, from prohibiting temporary shelters on residential property for a specified timeframe under certain circumstances; authorizing independent special fire control districts to file a specified report on an alternative schedule under certain circumstances; requiring the Division of Emergency Management to post a model contract for debris removal on its website by a specified date; increasing the timeframe to exercise rights under a permit or other authorization; encouraging local governmental entities to develop an emergency financial plan for major disasters, etc. Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effect upon becoming a law, this act shall take effect July 1, 2023
Sponsor: Robinson/Brodeur
Status: Oppose
Prohibits a local government from exacting impact fees beyond the statutorily defined limits. Current statute limits how quickly a local government can phase in an impact fee increase—however, s. 163.31801(6)(g) provides a mechanism for an extraordinary rate increase in the event of extraordinary need. To exceed the statutory limits, a local government must provide a demonstrated-need study, using data from within the prior 12 months. Additionally, the governing body of the local government must approve the extraordinary fee increase by a two-thirds vote, following two publicly noticed meetings on the subject.
This bill would eliminate the mechanism for an extraordinary rate increase beyond the statutory limits. This would limit a local government’s ability to fund concurrent public infrastructure made necessary by rapid growth. This would also potentially penalize a local government for temporarily lowering impact fees to stimulate development—it would subsequently take longer to return to the standard fee schedule.
The bill also prevents a second local government from charging new development or redevelopment that has already been assessed by the permitting local government. In other words, a county may not exact an impact fee for development that has already been assessed a municipal mobility fee. Effective Date: 7/1/23
Sponsor: Burgess/Amesty
Status: Monitor
To view latest bill actions, see below:
Requires governmental entities to block all prohibited applications on government-issued devices (cell phones, laptops, or other electronic devices), restrict access to prohibited applications on a government-issued devices, and remotely wipe and uninstall any prohibited application from a comprised government-issued device. Prohibited applications include any Internet application (eg. TikTok) that enables users to socially interact with one another and that is created, maintained, or owned by a foreign principal; or any Internet application deemed to present a security risk by the department. Foreign principals under the bill are defined as foreign country of concern from 288.860(1) or the political parties or members of a political party from those foreign country of concern. These include: the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic. Governmental entities may request a waiver from the Department of Management Services (DMS) to allow designated employees to access prohibited applications if the access is deemed necessary to conduct governmental or educational business. Employees of governmental entities who have already downloaded a prohibited application must remove, delete, or uninstall the application by August 1, 2023. Authorizes DMS to adopt rules as necessary to administer this section.
Effective Date: 7/1/23
Sponsor: Bradley/McFarland
Status: Monitor
The bill prohibits employees of a governmental entity from using their position or any state resources to communicate with a social media platform to request that it remove content or accounts. Additionally, a governmental entity cannot initiate or maintain any agreements with a social media platform for the purpose of content moderation. The bill provides certain exceptions.
The bill creates a unified scheme to allow Florida’s consumers to control the digital flow of their personal information. Specifically, it gives consumers the right to:
Access their personal information;
Delete or correct that personal information; and
Opt out of the sale or sharing of their personal information.
The Act generally applies to businesses that collect Florida consumers’ personal information, make in excess of $1 billion in gross revenues, and meet one of the following thresholds:
Derives 50 percent or more if its global annual revenues from providing targeted advertising or the sale of ads online; or
Operated a consumer smart speaker and voice command component service with an integrated virtual assistant connected to a cloud computing service that uses hands-free verbal activation.
The bill prohibits the collection of a consumer’s precise geolocation data or personal information through the operation of a voice recognition feature, unless the consumer provides authorization.
The bill requires a search engine to provide a consumer with information on how the search engine algorithm prioritizes or deprioritizes political partisanship or political ideology in its search results.
The Florida Department of Legal Affairs has authority to enforce the consumer data privacy provisions in section 2 of the bill.
The bill also adds “biometric data,” “genetic information,” and “geolocation data” to the definition of “personal information” under the Florida Information Protection Act. As such, entities that possess fingerprints, DNA, and other biological or physiological identifying information must take reasonable measures to protect that data and report data breaches.
Effective Date: 7/1/23
Sponsor: McFarland / Bradley
Status: Monitor
To view latest bill actions, see below:
- The bill creates a public records exemption for information received by the Department of Legal Affairs (DLA) pursuant to a notification of a violation under s. 501.173, F.S., or received pursuant to an investigation made by the DLA or a law enforcement agency.
- The bill permits the DLA to disclose this confidential and exempt information during an active investigation under specific circumstances.
- Once an investigation is completed or once an investigation ceases to be active, the following information received by the DLA will remain confidential and exempt:
- All information to which another public record exemption applies;
- Personal information;
- A computer forensic report;
- Information that would otherwise reveal weaknesses in a business’ data security; and
- Information that would disclose a business’ proprietary information.
- The bill provides for the repeal of the exemption on October 2, 2028, unless it is reenacted by the Legislature under the Open Government Sunset Review Act.
- The bill takes effect on the same date that linked bill HB 1547 / SB 262, relating to technology transparency, takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes law.
Sponsor: McFarland/Bradley
Status: Monitor
To view latest bill actions, see below:
- Preempts the regulation of sale or resale of tickets to state, a local government may not impose requirements, restrictions, or conditions upon the sale or resale of tickets. Provides requirements for websites of ticket resellers, including donation, transfer, & resale of certain tickets. Authorizes the original seller to request certain information from final ticket holders. Prohibits the original ticket seller from taking certain actions against a person who purchases or resells a ticket. Effective Date: 7/1/23
Sponsor: DiCeglie/Griffitts
Status: Oppose
To view latest bill actions, see below:
Background: In 2021, HB 53 was signed into law that amended the definition of “public work projects” as an activity that exceeds $1,000,000 in value and that is paid for with any state-appropriated funds. The law preempts existing local ordinances related to the procurement process for public works projects when any state funds are used. Additionally, the law removed the 50% threshold and applied the prohibition on local preference to all solicitations that will be paid for with funding that is state-appropriated.
HB 383, revises the definition of “public works projects” for which certain government actions are prohibited by removing a $1 million in value requirement and prohibiting the application of local preferences to smaller public works projects that may receive some state funding and projects that are entirely funded by local government without the use of state funds. Preempts all local preferences in competitively procured public construction projects.
Amends requirements between construction service contracts between local government and contractors for public construction projects.
- Requires contractors to provide a dollar valuation of punch list items of the estimated cost to complete each listed item;
- Amends the deadline for developing the list of items required for construction contracts to 60 days in large projects of more than $10 million;
- Removes language that does not require a local government to process the contractor’s payment request for the remaining contract balance (and any retainage) when the contractor has failed to cooperate in developing the punch list or failed to perform its contractual responsibilities; &
- Removes the authority of a local government to withhold any amounts for payment or release that are subject to a claim or demand by the local government or contractor, limiting withholding only for good faith disputes in writing pursuant to the contract or certain bond claims. Effective Date: 7/1/23
Sponsor: Bankson/Harrell
Status: Monitor
To view latest bill actions, see below:
Requires DOT to take certain actions regarding vertiports. Provides design and layout plan requirements for vertiport owners. Provides limitations regarding exercise of political subdivision’s zoning & land use authority in regulating vertiports. Effective Date: 7/1/23
Sponsor: Porras/Calatayud
Status: Oppose/Monitor
To view latest bill actions, see below:
- HB 415: Preempts local governments from regulating temporary commercial kitchens involving licensing, permits, and fees. Defines a “temporary commercial kitchen” as any kitchen that is a public food establishment used for take-out or delivery meals housed in a portable movable structure by tow or are self-propelled or axel (sic) mounted, that include self-contained utilities, including gas, water, electricity, or liquid waste disposals. A mobile food dispensing vehicle or temporary commercial kitchen that is operated on the same premise and by a separately licensed public food service establishment may operate during the same hours of operation as the separately licensed public food service establishment, this does not affect a local governments authority to regulate the operation of a temporary commercial kitchen other than what is in the proposed statute. Effective Date: 7/1/23
- SB 752: Original form and does not include the same preemption.
Sponsor: McClain/Ingoglia
Status: Oppose
To view latest bill actions, see below:
Revises the FLUEDRA process, makes several changes to comprehensive planning, and revises definitions and data sources that are used in consideration of the compressive plan and plan amendments- including the definition of Urban Service Area and Urban Sprawl.
Additionally, the PCS removes levels of service from being the basis of denial, in turn eliminating concurrency and undermining the planning process. Increased the length of required planning period from 10-20 years and revised the comprehensive plan evaluation and appraisal process.
The bill makes a number of changes to statutes relating to comprehensive planning, including:
Revising definitions and data sources that are used in consideration of the comprehensive plan and plan amendments;
Increasing the length of required planning period to 10 years and 20 years;
Removing a list of indicators a local government must consider relating to urban sprawl, instead requiring local governments to discourage urban sprawl by more effectively planning for future growth;
Revising the comprehensive plan evaluation and appraisal process to ensure timely updates;
Requiring 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; and
Prohibits a local government from requiring building design elements for certain residential structures in planned unit developments, master planned communities, or communities with a design review board or architectural review board created on or after January 1, 2020.
Effective Date: 7/1/23
Sponsor: Chambliss/Stewart
Status: Monitor
- Reduces the time frame to look back at and use a criminal conviction as grounds to deny an application for licensure as a barber or cosmetologist from 5 to 3 years. Allows a board to consider an applicant’s criminal history, regardless of when a conviction occurred if the applicant was convicted of a crime at any time during the three-year period immediately preceding the application. Boards may also continue to consider forcible felonies and crimes that require a person to register as a sexual predator regardless of when they occurred if they relate to the practice of the profession as a barber or cosmetologist. Requires the Barbers’ Board and Board of Cosmetology to approve educational program credits received from vocational training programs or industry certification programs offered to inmates in any correctional institution or facility to satisfy training requirements for licensure. Effective Date: 7/1/23
SB 1124- Employment of Ex-offenders
Sponsor: Calatayud/Smith
Status: Monitor
To view latest bills actions, see below:
- Revises the criteria a state agency must consider before denying a license, permit, or certification to a person previously convicted of a crime. Requires a state agency to consider specified factors when determining whether an ex-offender applying for a license, permit, or certificate has not been rehabilitated. Authorizes certain persons to petition a state agency to determine whether their criminal record will disqualify them from obtaining a license, permit, or certificate; requiring specified agencies to submit an annual report to the Governor and the Legislature. Effective Date: 7/1/23
COMPARE
HB 1443- Disqualification from Licensing, Permitting, or Certification Based on Criminal Conviction
Sponsor: Smith
- Provides that application for license, permit, or certification may only be denied based on applicant’s criminal record under certain circumstances; requires the State agency to consider certain factors in determining whether applicants for license, permit, or certification has been rehabilitated. Revises & provides requirements for state agencies relating to denying certain applications & petitions, advising applicants how to remedy disqualifications, new petitions, & fees; revises state agency reporting requirements. Effective Date: 7/1/23
Sponsor: Esposito/DiCeglie
Status: Oppose
- Dramatically reduce the current time frames for the building permit process: Eliminates the current 30 business day timeline for single family dwellings; Revises the reduction to building permit fees when a private provider is used for plan review or building inspection services from the amount of cost savings realized by the local enforcement agency to a required 75% reduction; Reduces the current 10 day period for the local enforcement agency to notify the applicant of the information needed, if any, to deem the application properly completed to 3 calendar days and requires the notification to be in writing; Reduces the timeframe after receiving a completed application within which the local government may notify an applicant that additional information is needed from 45 days to 9 calendar days and requires the notice to be in writing; Reduces the number of times a local government may request additional information from three times to two times and reduces the time frame for the local government to respond to the additional information submittal from 15 days to 9 calendar days; Provides that before a second request for additional information may be made the local government must offer the applicant to meet in person or electronically and the meeting must occur within 5 calendar days after the applicant notifies the local government in writing that they would like to meet; Requires the local government state the sufficient reason for denial for any application denied; For single family dwellings, two family dwellings and townhomes in master planned communities, the time frames are even shorter – 1 calendar day for additional information requests, 5 calendar days to respond to a completed application or a submittal of additional information. Effective Date: 7/1/23
Sponsor: Roth
- Requires a local government that issues building permits to post the following on its websites: each type of building permit application, including a list of all required attachments, drawings, or other requirements for each kind of application, the local government’s procedures for processing, reviewing, and approving submitted application, and the local government’s schedule of reasonable fees. A local government may not issue a building permit unless: the permit includes a statement “ NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies.” Additionally, the local government provides the building permit applicant with a copy of the Florida Right to Farm Act under s.823.14. Effective Date: 7/1/23
Sponsor: Rodriguez / Gottieb
Status: Monitor
To view latest bill actions, see below:
- Requires employers who employ those regularly working in an outdoor environment to implement an outdoor heat exposure safety program that has been approved by the Department of Agriculture and Consumer Services and the Department of Health, specifying requirements for the safety program. Provides responsibilities for certain employers and employees, including access to drinking water, shade, and training. Requires annual training on heat illness and providing requirements for such training, the Department of Agriculture and Consumer Services, in conjunction with the Department of Health, must adopt specified rules. Effective Date: 10/1/23
Sponsor: Brodeur
Stauts: Oppose
To view latest bill actions, see below:
- Creates the Statewide Blue Ribbon Task Force on County Realignment within the Department of Economic Opportunity. Requires the task force to evaluate the “effectiveness, efficiency, and value of realigning, contracting, or expanding county boundaries in this state.” Creates conditions for membership, timeline, and termination of said Task Force. Effective Date: 7/1/23
Sponsor: DiCeglie/Duggan
Status: Monitor
To view latest bill actions, see below:
- Requires advertising platforms to collect and remit taxes when guests use a payment through their platform. Provides statutory authority for local laws, ordinances, or regulations to include requiring vacation rentals to register with local vacation rental registration programs and to issue fines. Local governments may charge a fee of no more than $50 for individual registration application or $100 for processing a collective registration application. The local law, ordinance, or regulation may require the owner or operator of a vacation rental with conditions. Creates advertising platform guidelines. 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.
Sponsor: Ingoglia/Holcomb
Status: Oppose
To view latest bill actions, see below:
Prohibits counties and municipalities from prohibiting or unreasonably restraining private entities from providing solid waste management services within the local government’s jurisdiction. Counties and municipalities may require these entities to require a permit, license, or non-exclusive franchise equivalent, though the cost may not exceed a nominal amount for administration. The bill also sunsets all active commercial solid waste franchise agreements at the conclusion of their current contract and prohibits exclusive renewal. Effective Date: 7/1/23
Sponsor: Yeager
Status: Monitor
To view latest bill actions, see below:
Requires entities that administer or conduct high-risk youth athletic activities or training related to such activities on certain property to require athletics personnel to complete course within specified timeframe & to maintain record of personnel who complete such course for specified timeframe; provides for course requirements; provides exemption. Effective Date: 7/1/23
Sponsor: Waldron / Berman
Status: Monitor
This bill prohibits the purchase or acquisition of real property and strategic assets by the People’s Republic of China. The bill also defines “strategic assets” to mean water treatment facilities, power plants, emergency operation centers, telecommunication towers and facilities, law enforcement facilities, and other structures used for similar purposes or deemed strategic by the state. Effective Date: 7/1/23
Sponsor: DiCeglie
Status: Monitor
To view latest bill actions, see below:
- Prohibits local governments adopting technical amendments to the Florida Building Code to implement the National Flood Insurance Program or incentives from denying requests for specified variances or exceptions to certain local floodplain management requirements. Effective Date: 7/1/23
Sponsor: Busatta Cabrera/Calatayud
Status: Monitor
To view latest bill actions, see below:
- Allows certain housing authorities to adopt ordinances, rules, or policies related to dangerous dog attacks. Regulations cannot be specific to the breed, weight, or size of the dog. The bill removes an exemption for local ordinances adopted prior to October 1, 1990. Effective Date: 10/1/23.
Sponsors: Botana / Hutson
Status: Monitor
To view latest bill actions, see below:
Much of the funding for the clerks’ annual operating budgets comes from the fines, fees, service charges, and costs collected by the clerks in connection with judicial proceedings (“revenue”) and submitted into the Florida Clerk of Court Trust Fund (“FCC Trust Fund”) for distribution. However, such revenue does not go entirely to the clerks; instead, Florida law directs the Florida Department of Revenue (“DOR”) to distribute such revenue among the clerks, municipalities, counties, 51 state trust funds with various purposes, and the state’s General Revenue Fund.
HB 977:
· Redirects specified revenue, totaling approximately $31.15 million annually, away from the General Revenue Fund and to specified trust funds for use by the clerks in performing court-related functions and complying with court-related technology mandates.
· Creates a mechanism whereby the clerks may fund their mandatory FRS employer contribution increases through a legislative appropriation, if such an appropriation is made.
· Changes the remissions period for the submission of budget allocation overages from monthly to quarterly to address cash flow problems sometimes created by the monthly remittance requirement.
· Increases the reimbursement amount the clerks may request for domestic violence injunction petitions (for which there is no filing fee) from $40 per petition to $60 per petition, subject to a legislative appropriation.
· Authorizes the clerks to request reimbursement for approved civil indigency applications at the rate of $195 per approved application, subject to a legislative appropriation.
Effective Date: 7/1/23
Sponsor: Gossett-Seidman/Rodriguez
Status: Monitor
To view latest bill actions, see below:
Amends s. 403.816, F.S., to provide that, as a condition of a permit issued for maintenance dredging of deepwater ports, the Department of Environmental Protection (DEP) must require a habitat equivalency analysis to determine the adverse impacts of the dredging activity on the natural habitat. The bill requires the analysis to be conducted by an independent contractor selected by the local government in a manner prescribed by DEP. Further, the independent contractor for the analysis may not be associated with any project of the contractor performing the dredging activity for the local government. The bill directs the local government to provide written notice of its intent to conduct a habitat equivalency analysis to adjacent local governments that may be impacted by the dredging activity. Effective Date: 7/1/23
Sponsor: Collins/Duggan
Status: Monitor
To view latest bill actions, see below:
Amends the Unmanned Aircraft Systems Act to define the terms “drone delivery service” and “drone port” as well as prohibit a political subdivision from withholding the issuance of a business tax receipt or enacting or enforcing an ordinance or resolution prohibiting a drone delivery service’s operation based on the location of the delivery service’s drone port. Exempts drone ports from the Florida Fire Prevention Code, including national co Safety Code incorporated by reference . Effective Date: 7/1/23
Sponsor: Ingoglia
Status: Oppose
To view latest bill actions, see below:
- Establishes term limits for county commissioners and school board members of 8 consecutive years. This would not include a term before November 8, 2022. Effective Date: 7/1/23
Sponsor: Benjamin/Perry
Status: Monitor
To view latest bill actions, see below:
- Authorizes stay of proceedings subsequent to finding of probable cause for forfeiture; requires stay of forfeiture actions until final disposition of associated criminal charges; requires conviction in associated criminal offense for forfeiture of seized property; requires return of seized property if all associated criminal charges are dismissed; prohibits specified agencies from referring, transferring, or otherwise relinquishing possession of property seized to federal agency for specified purpose; provides guidelines relating to state participation in joint task forces. Effective Date: 7/1/23
Sponsor: Maggard/Burgess
Status: Oppose
To view latest bill actions, see below:
- Preempts counties and municipalities from the regulation of water quality, water quantity, pollution control, discharge prevention, and wetlands to the state. This does not apply to interagency or interlocal agreements between specified entities, or the authority over the regulation and operation of water systems, wastewater systems, or stormwater systems. This is a broad water management preemption over all of Florida’s counties. Effective Date: 7/1/23
Sponsor: Melo/Rodriguez
Status: Monitor
To view latest bill actions, see below:
Requires determinations on building new energy generating facilities to take certain factors into consideration; prohibits local governmental entities from requiring or prohibiting certain building materials, vehicles, or home heating elements; authorizes local governmental entities to adopt bid specifications for public works projects that take energy savings or production into consideration; prohibits adoption or enforcement of certain state & regional programs to regulate greenhouse gas emissions without specific legislative authorization. Effective Date: 7/1/23
Sponsor: DiCeglie
Status: Monitor
To view latest bill actions, see below:
- Requires that certain licenses and fuel tax decals be issued by the Department of Highway Safety and Motor Vehicles or its authorized agent. Requires all traffic law enforcement agencies to provide uniform crash reports by electronic means to the department; providing an exception regarding certifications of the air pollution control devices on motor vehicles. Revises the list of applicable federal rules and regulations governing owners and drivers of commercial motor vehicles, etc. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect 7/1/23.
Sponsor: Collins/Buchanan
Status: Monitor
To view latest bill actions, see below:
- Prevents local governmental entities from enacting or enforcing resolution, ordinance, rule, code, or policy or from taking any action that restricts or prohibits or has effect of restricting or prohibiting use of any major appliances, including a stove or grill, which uses the types or fuel source of energy production which may be used, delivered, converted, or supplied by:
- Investor-owned electric utilities;
- Municipal electric utilities;
- Rural electric cooperatives;
- Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
- Investor-owned gas utilities;
- Gas districts;
- Municipal natural gas utilities;
- Natural gas transmission companies; and
- Certain propane dealers, dispensers, and gas cylinder exchange operators.
Effective Date: 7/1/23
Sponsor: Avila/Roach
Status: Monitor
To view latest bill actions, see below:
- Authorizing private property owners to obtain building permits to demolish certain historic structures under certain circumstances; designating the “Resiliency and Safe Structures Act.” Prohibits local governments from prohibiting, restricting, or preventing the demolition of certain structures unless necessary for public safety. Provides that owners and developers of such structures are entitled to certain land use and development rights; Provides for retroactive application. Effective Date: Upon becoming a law
Sponsor: Fernandez-Barquin/Garcia
Status: Monitor
To view latest bill actions, see below:
Prohibits county from creating office, special district, or governmental unit, or expanding powers or authority of such office, district, or unit, under certain conditions; provides county commissioner is guilty of misfeasance or malfeasance in office under certain conditions; authorizes state to withhold county funding under certain conditions; authorizes county constitutional officers & residents to bring action in circuit court. Effective Date: 7//23
Sponsor: Sen. Trabulsy
Stauts: Oppose
To view latest bill actions, see below:
By July 1, 2023, the Construction Industry Licensing Board shall establish certified specialty contractor categories for voluntary licensure for all of the following:
- Structural aluminum or screen enclosures.
- Marine seawall work.
- Marine bulkhead work.
- Marine dock work.
- Marine pile driving.
- Structural masonry.
- Structural prestressed, precast concrete work.
- Rooftop solar heating installation.
- Structural steel.
- Window and door installation, including garage door installation and hurricane or windstorm protection.
A local government may not require a license as a prerequisite to submit a bid for public work projects if the work to be performed does not require a license under general law. Effective Date: 7/1/23
Sponsor: Sen. Hooper
Status: Support
to view latest bill actions, see below:
Amends the prohibition of local occupational licensing to certain job scopes and allows local governments to impose local licensing requirements for certain job scopes. Adds interior remodeling without a structural component and pressure washing to list local governments may not require a license for. All work under the jobs that do not require a license issued by a local government must comply with all applicable local ordinances.
Requires a person to obtain a license issued by a local government for all of the following specialty job scopes, or any part or combination of, if the local government imposed a licensing requirement before January 1, 2021:
- Aluminum or screen enclosure, with or without concrete;
- Carpentry, with a structural component, or finish carpentry, without a structural component;
- Concrete forming, placing, or finishing, including on or off grade;
- Demolition;
- Dredging and land filling;
- Excavation and clearing;
- Garage door installation;
- Gasoline tank and pump;
- Hurricane or windstorm protection;
- Masonry, with a structural component;
- Paving, sealing, or striping;
- Pile driving;
- Pool safety barrier;
- Prestressed precast concrete;
- Reinforcing iron and steel;
- Rental apartment maintenance and repair;
- Roof painting, coating, and cleaning;
- Sandblasting or waterproofing;
- Solar heating installation;
- Specialty structure work performed by a specialty contractor, as defined in s. 489.105(3)(q), or by a specialty structure contractor as defined in the administrative rules of the department, including gutters, metal substructures, pool enclosures, pre-formed panel-post and beam roofs, roof-overs, screened enclosures, screened porches, sunrooms, and windstorm protective devices;
- Structural iron, metals, and steel erection;
- Swimming pool enclosures;
- Swimming pool or spa, including commercial or residential repair or service;
- Tree removal and trimming;
- Veneer, including aluminum or vinyl gutters, siding, soffit, or fascia; &
- Window and door installation.
Effective Date: upon becoming law.
Sponsor: Sen. Perry
Status: Oppose
To view latest bill actions, see below:
Amends the prohibition of local occupational licensing to certain job scopes and allows local governments to impose local licensing requirements for certain job scopes. Adds interior remodeling without a structural component and pressure washing to list local governments may not require a license for. All work under the jobs that do not require a license issued by a local government must comply with all applicable local ordinances.
Requires a person to obtain a license issued by a local government for all of the following specialty job scopes, or any part or combination of, if the local government imposed a licensing requirement before January 1, 2021:
- Garage door installation;
- Gasoline tank and pump;
- Masonry, with a structural component;
- Prestressed precast concrete;
- Reinforcing steel;
- Solar heating installation;
- Specialty structure work performed by a specialty contractor, as defined in s. 489.105(3)(q), or by a specialty structure contractor as defined in the administrative rules of the department, including gutters, metal substructures, pool enclosures, pre-formed panel-post and beam roofs, roof-overs, screened enclosures, screened porches, sunrooms, and windstorm protective devices.
- Structural steel erection;
- Veneer, including aluminum or vinyl gutters, siding, soffit, or fascia.
By July 1, 2023, the Construction Industry Licensing Board shall establish additional specialty licenses related to window and door installation, irrigation, aluminum structures, glass and glazing, garage doors, and marine work.
Effective Date: upon becoming law.
Sponsor: Rep. Mooney, Jr.
Status: Support
To view latest bill actions, see below:
Amends the prohibition of local occupational licensing to certain job scopes and allows local governments to impose local licensing requirements for certain job scopes. Adds interior remodeling without a structural component and pressure washing to list local governments may not require a license for. All work under the jobs that do not require a license issued by a local government must comply with all applicable local ordinances.
Requires a person to obtain a license issued by a local government for all of the following specialty job scopes, or any part or combination of, if the local government imposed a licensing requirement before January 1, 2021:
- Aluminum or screen enclosure, with or without concrete;
- Carpentry, with a structural component, or finish carpentry, without a structural component;
- Pool safety barrier;
- Concrete forming, placing, or finishing, including on or off grade;
- Demolition;
- Dredging and land filling;
- Excavation and clearing;
- Garage door installation;
- Gasoline tank and pump;
- Hurricane or windstorm protection;
- Irrigation sprinklers;
- Landscaping (application of fertilizers);
- Masonry, with a structural component;
- Paving, sealing, or striping;
- Pile driving;
- Plaster and lath;
- Prestressed precast concrete;
- Reinforcing iron and steel;
- Rental apartment maintenance and repair;
- Roof painting, coating, and cleaning;
- Sandblasting or waterproofing;
- Solar heating installation;
- Specialty structure work performed by a specialty contractor, as defined in s. 489.105(3)(q), or by a specialty structure contractor as defined in the administrative rules of the department, including gutters, metal substructures, pool enclosures, pre-formed panel-post and beam roofs, roof-overs, screened enclosures, screened porches, sunrooms, and windstorm protective devices;
- Structural iron, metals, and steel erection;
- Swimming pool enclosures;
- Swimming pool or spa, including commercial or residential repair or service;
- Tennis court
- Tree removal and trimming;
- Veneer, including aluminum or vinyl gutters, siding, soffit, or fascia; &
- Window and door installation.
Effective Date: upon becoming law.
Sponsor: Borrero/ Collins
The bill prohibits governmental entities (including Counties) from knowingly entering into contracts with entities of foreign countries of concern. Identifies as foreign entities of concern: the Peoples Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic. Governmental entities may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if:
· The entity is owned by the government of a foreign country of concern,
· The government of a foreign country of concern has a controlling interest in the entity, or
· The entity is organized under the laws of or has its principal place of business in a foreign country of concern
The bill also prohibits knowingly providing economic incentives to entities of a foreign country of concern. Effective Date: 7/1/23
Sponsor: Steele/Brodeur
Status: Monitor
To view latest bill actions, see below:
- Revises & creates various provisions under DEP jurisdiction relating to groundwater & wastewater capital improvement schedules in local government comprehensive plans. Indian River Lagoon & watershed protection, research, & water quality monitoring; onsite sewage treatment & disposal systems; transfer of specified funds from DEP to WMDs; basin management action plans; Outstanding Florida Springs; legislative budget requests; wastewater grant program; sewage disposal facilities; & ratification of specified rules. Effective Date: 7/1/23
Sponsor: Truenow/Bradley
Status: Monitor
- Prohibits local governments from adopting any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit collection, storage, processing, or distribution of organic material products. Provides that such activities are bona fide farm operation & lands associated with such activities are agricultural. Effective Date: 7/1/23
Sponsor: Rudman/Trumbull
Authorizes health care providers & health care payers to opt out of participation in or payment for certain health care services by conscience-based objections without discrimination or threat of adverse actions; requires health care provider to notify the patient and the health care provider’s supervisor or employee, if applicable, in writing when such health care provider declines to participate in certain health care services & retain copy of such notification; prohibits certain boards and DOH from taking certain disciplinary actions under certain circumstances. Effective Date: 7/1/23
Sponsor: Espositio/McClure/ Trumbell
- Preempts regulation of residential tenancies & landlord-tenant relationship to state. Specifies that act supersedes certain local regulations. Revises how much notice is required to terminate certain tenancies. Effective Date: 7/1/23
Sponsor: Roth/Calatayud
- Authorizes certain facilities be permitted specified land use categories & zoning districts. Provides that certain businesses & facilities are traditionally rural. Authorizes an affirmative defense; authorizes property to be classified as agricultural at time of purchase if certain conditions are met. Requires such property to obtain certain classification within specified time period. Authorizes retroactive reclassification. Authorizes property appraiser to extend time period. Requires local government to make certain notifications to purchasers. Revises the definition of “agricultural purposes”. Effective Date: 7/1/23
Sponsor: Brackett/Rodriguez
Requires qualified third party to make specified certification before local authority having jurisdiction may require assessment of need for or installation of two-way radio communications enhancement system in certain buildings; specifies length of time such certification is valid; limits number of times that local authority having jurisdiction may require specified assessment; prohibits local authority having jurisdiction from withholding certificate of occupancy & from requiring installation of specified system within certain time period after completion of specified report. Effective Date: 7/1/23
Sponsor: Burgess/Yarkosky
Revising the powers, duties, and obligations of a sheriff; creating an office of the sheriff in each county; authorizing certain persons to file a petition with the Division of Administrative Hearings, rather than an appeal to the Administration Commission, if the tentative budget of a municipality contains a certain reduction, etc. Effective Date: Upon becoming a law
Sponsor: Michael/Ingoglia
Status: Monitor
To view latest bill actions, see below:
Prohibits counties and municipalities, respectively, from providing funds to any person, entity, or organization to issue identification documents to an individual who does not provide proof of lawful presence in the United States; specifying that certain driver licenses and permits issued by other states exclusively to unauthorized immigrants are not valid in this state; requiring certain hospitals to collect patient immigration status data information on admission or registration forms; increasing the maximum fine that may be imposed for a first violation of specified provisions relating to employing, hiring, recruiting, or referring aliens for private or public employment, etc. Effective Date: Except as otherwise expressly provided in this act, this act shall take effect July 1, 2023
Sponsor: Gruters
Status: Oppose
- All waterway markers, including waterway markers permitted on or after July 1, 2023, and information markers placed by counties, municipalities, or other governmental entities, must be affixed to a plastic breakaway structure or a floating buoy.
- A state or local governmental entity may not affix a waterway marker to a steel beam or wood piling. Any state or local governmental entity waterway marker affixed to a steel beam or wood piling before July 1, 2023, MUST BE replaced with a waterway marker affixed to a plastic breakaway structure or floating buoy by January 1, 2024. Effective Date: 7/1/23
REPEALS
Sponsor: Garcia (I)/ Basabe
Status: Support
To view latest bill actions, see below:
- Provides that local laws, ordinances, or regulations requiring vacation rental owners or operators to maintain and coordinate with a local government the name and contact information of the party responsible for responding to complaints and problems associated with the rental by phone. Effective Date: 7/1/23
Sponsor: Stewart
Status: Support
To view latest bill actions, see below:
Removing the preemption of local laws regarding the regulation of auxiliary containers, wrappings, or disposable plastic bags; removing the preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services, etc. Effective Date: 7/01/23
Sponsor: Edmonds/ Polsky
Status: Monitor
To view latest bill actions, see below:
Repealing Section 569.0025, Florida Statutes, the establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco products is preempted to the state. Effective date: 7/1/23
Sponsor: Busatta Cabrera/ Gruters
Status: Support
To view latest bill actions, see below:
- Removes a provision that prohibited counties from enacting an ordinance or regulation restricting or prohibiting the right of a private property owner or operator for motor vehicle parking. Requires owners or operators to follow specific rules, such as establishing fines and penalties equivalent to those set for municipal parking. Effective Date: 7/1/23