summary
Introduced
01/10/2022
01/10/2022
In Committee
01/16/2022
01/16/2022
Crossed Over
Passed
Dead
03/14/2022
03/14/2022
Introduced Session
2022 Regular Session
Bill Summary
An act relating to preemption to the state; amending s. 106.08, F.S.; removing provisions which preempt counties, municipalities, and other local governmental entities from enacting or adopting any limitation or restriction involving certain contributions and expenditures, or establishing contribution limits different than those established in the Florida Election Code; amending s. 125.0103, F.S.; removing provisions which require local government measures imposing rent controls to expire within a specified time period unless such measures are extended or renewed in accordance with law; amending s. 125.01055, F.S.; removing provisions which require counties and municipalities to provide incentives to fully offset costs of certain affordable housing contributions or linkage fees; amending s. 125.421, F.S.; removing provisions which require counties and entities of local government to pay ad valorem taxes or fees under specified conditions on certain telecommunications facilities; removing a waiver on immunity on taxation of property for counties or entities of local government under such circumstances; repealing s. 163.045, F.S., relating to the pruning, trimming, or removal of trees on residential property; repealing hb6113-00 HB 6113 163.211, F.S., relating to licensing of occupations preempted to the state; amending s. 163.31801, F.S.; removing provisions which provide limitations on impact fee increases; repealing s. 163.3205, F.S., relating to a solar facility approval process; amending s. 166.04151, F.S.; removing provisions which require counties and municipalities to provide incentives to fully offset costs of certain affordable housing contributions or linkage fees; amending s. 166.043, F.S.; removing provisions which require local government measures that impose rent controls to expire within a specified time period unless such measures are extended or renewed in accordance with law; amending s. 166.047, F.S.; removing provisions which require municipalities and entities of local government to pay ad valorem taxes or fees under specified conditions on certain telecommunications facilities; removing a waiver on immunity on taxation of property for municipalities or entities of local government under such circumstances; amending s. 166.241, F.S.; removing provisions authorizing specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement hb6113-00 HB 6113 agency; removing provisions requiring the petition to contain specified information; removing provisions which require the Executive Office of the Governor to conduct a budget hearing considering the matter and make findings and recommendations to the Administration Commission; removing provisions requiring the commission to approve, amend, or modify the municipality's budget; amending ss. 196.012, 199.183, and 212.08, F.S.; removing provisions that prohibit property and use of two-way telecommunications services under specified circumstances from receiving certain tax exemptions; repealing s. 218.077, F.S., relating to wage and employment benefits requirements by political subdivisions and restrictions thereon; amending s. 252.35, F.S.; removing provisions which provide limitations on the timeframe for delegation of certain authorities by the division; amending s. 252.38, F.S.; removing provisions specifying requirements for the purpose and scope of emergency orders; removing provisions which provide for the automatic expiration of emergency orders; removing provisions authorizing the extension of emergency orders by a majority vote of the governing body for a specified duration; removing provisions authorizing the Governor to hb6113-00 HB 6113 invalidate certain emergency orders; removing provisions that prohibit the issuance of certain emergency orders; amending s. 252.46, F.S.; removing provisions which provide that a failure by a political subdivision to file certain orders and rules with specified entities within a specified timeframe voids the issued orders or rules; repealing 311.25, F.S., relating to Florida seaports and local ballot initiatives and referendums; amending 331.502, F.S.; conforming a provision to changes made by the act; amending s. 337.401, F.S.; removing certain communications services lines as items over which certain governmental entities are authorized to prescribe and enforce reasonable rules and regulations; removing time restrictions placed upon certain counties and municipalities for processing certain permit applications; removing provisions that specify limitations and prohibitions on municipalities and counties relating to registrations and renewals of communications services providers; removing provisions that authorize municipalities and counties to require certain information as part of a registration; removing provisions that prohibit municipalities and counties from requiring a payment of fees, costs, or charges for provider registration or renewal; removing hb6113-00 HB 6113 provisions that prohibit municipalities and counties from adopting or enforcing certain ordinances, rules, or requirements; removing limitations on municipal and county authority to regulate and manage municipal and county roads or rights-of-way; removing provisions that prohibit certain municipalities and counties from imposing permit fees; removing provisions that specify activities for which permit fees may not be imposed; removing the requirement that enforcement of certain ordinances must be suspended until certain conditions are met; removing a condition for certain in-kind compensation; revising items over which municipalities and counties may exercise regulatory control; removing provisions for requirements relating to right-of-way permits; removing provisions relating to municipal and county authority over pass-through providers; removing references to, and administration and provisions of, the Advanced Wireless Infrastructure Deployment Act; removing a provision authorizing a civil action for specified violations; removing certain actions a court may take; removing provisions that require that work in certain authority rights-of-way must comply with a specified document; amending s. 350.81, F.S.; removing provisions that identify procedures which must be followed by governmental entities before providing hb6113-00 HB 6113 communications services; removing provisions relating to the use of certain revenues to issue bonds to finance communications services; removing provisions which provide certain procedures if revenues do not exceed operating costs after a specified time period; removing provisions exempting certain governmental entities from certain requirements relating to telecommunications services; removing a provision specifying that certain airport authorities or other governmental entities are not exempt from certain procedural requirements relating to telecommunications services; repealing s. 366.032, F.S., relating to preemption over utility service restrictions; repealing s. 377.707, F.S., relating to express preemption of fuel retailers and related transportation infrastructure; amending s. 403.412, F.S.; repealing provisions which prohibit local governments from recognizing or granting certain legal rights to the natural environment or granting such rights relating to the natural environment to a person or political subdivision; amending s. 403.7033, F.S.; removing the prohibition of local laws relating to the regulation of auxiliary containers, wrappings, and disposable plastic bags; amending ss. 489.117, 489.1455, and 489.5335, F.S.; conforming provisions to hb6113-00 HB 6113 changes made by the act; amending s. 499.002, F.S.; removing a provision that preempts the regulation of over-the-counter proprietary drugs and cosmetics to the state; repealing s. 500.90, F.S., relating to the preemption of local laws relating to the use or sale of polystyrene products to the Department of Agriculture and Consumer Services; repealing s. 569.0025, F.S., relating to preemption of the regulation of tobacco products to the state; repealing s. 569.315, F.S., relating to preemption of the regulation of nicotine products to the state; amending s. 570.07, F.S.; removing provisions which preempt the regulation of fertilizer to the state; repealing s. 790.33, F.S., relating to the preemption of the field of regulation of firearms and ammunition to the Legislature, to the exclusion of local jurisdictions; amending s. 790.251, F.S.; conforming a provision to changes made by the act; repealing ch. 908, F.S, consisting of ss. 908.101, 908.102, 908.103, 908.104, 908.105, 908.106, 908.107, 908.108, and 908.109, F.S., relating to legislative findings and intent, definitions, a prohibition on sanctuary policies, cooperation with federal authorities, duties relating to immigration detainers, reimbursement of costs, enforcement, education records, and a prohibition on hb6113-00 HB 6113 discrimination, respectively; providing a contingent effective date.
AI Summary
This bill removes or modifies various preemptions to state law, thereby allowing more local regulation in areas such as:
- Campaign contribution limits, restrictions on electioneering communications, and restrictions on expenditures for electioneering communications or independent expenditures
- Rent control ordinances
- Requirement for local governments to provide incentives to offset costs of affordable housing contributions or linkage fees
- Taxation of telecommunications services provided by local governments
- Regulation of auxiliary containers, wrappings, and disposable plastic bags
- Licensing of occupations
- Limitations on impact fee increases
- Solar facility approval process
- Municipal law enforcement agency budgets
- Tax exemptions for two-way telecommunications services
- Wage and employment benefit requirements by local governments
- Emergency orders by local governments
- Preemption over utility service restrictions
- Preemption of fuel retailers and related transportation infrastructure
- Local recognition of rights of natural environment
- Regulation of over-the-counter drugs and cosmetics
- Regulation of tobacco products and nicotine products
- Regulation of fertilizer
- Preemption of firearms and ammunition
The bill provides a contingent effective date of July 1, 2022.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Died in Local Administration & Veterans Affairs Subcommittee (on 03/14/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2022/6113 |
| Bill | https://www.flsenate.gov/Session/Bill/2022/6113/BillText/Filed/PDF |
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