Florida Senate - 2022 SB 1900



By Senator Torres





15-01682A-22 20221900__
1 A bill to be entitled
2 An act relating to preemption to the state; amending
3 s. 106.08, F.S.; removing provisions which preempt
4 counties, municipalities, and other local governmental
5 entities from enacting or adopting any limitation or
6 restriction involving certain contributions and
7 expenditures, or establishing contribution limits
8 different than those established in the Florida
9 Election Code; amending s. 125.0103, F.S.; removing
10 provisions which require local governmental measures
11 imposing rent controls to expire within a specified
12 time period unless such measures are extended or
13 renewed in accordance with law; amending s. 125.01055,
14 F.S.; removing provisions which require counties to
15 provide incentives to fully offset costs of certain
16 affordable housing contributions or linkage fees;
17 amending s. 125.421, F.S.; removing provisions which
18 require counties and entities of local government to
19 pay ad valorem taxes or fees under specified
20 conditions on certain telecommunications facilities;
21 removing a waiver of immunity on taxation of property
22 for counties or entities of local government under
23 such circumstances; repealing s. 163.045, F.S.,
24 relating to the pruning, trimming, or removal of trees
25 on residential property; repealing 163.211, F.S.,
26 relating to licensing of occupations preempted to the
27 state; amending s. 163.31801, F.S.; removing
28 limitations on impact fee increases; repealing s.
29 163.3205, F.S., relating to a solar facility approval
30 process; amending s. 166.04151, F.S.; removing
31 provisions which require municipalities to provide
32 incentives to fully offset costs of certain affordable
33 housing contributions or linkage fees; amending s.
34 166.043, F.S.; removing provisions which require local
35 governmental measures that impose rent controls to
36 expire within a specified time period unless such
37 measures are extended or renewed in accordance with
38 law; amending s. 166.047, F.S.; removing provisions
39 which require municipalities and other entities of
40 local government to pay ad valorem taxes or fees under
41 specified conditions on certain telecommunications
42 facilities; amending s. 166.241, F.S.; removing
43 provisions authorizing specified elected officials to
44 file an appeal to the Administration Commission if the
45 governing body of a municipality makes a specified
46 reduction to the operating budget of the municipal law
47 enforcement agency; removing provisions requiring the
48 petition to contain specified information; removing
49 provisions requiring the Executive Office of the
50 Governor to conduct a budget hearing to consider the
51 matter and make findings and recommendations to the
52 Administration Commission; removing provisions
53 requiring the commission to approve, amend, or modify
54 the municipality’s budget; amending ss. 196.012,
55 199.183, and 212.08, F.S.; removing provisions that
56 prohibit certain property and use of two-way
57 telecommunications services under specified
58 circumstances from receiving certain tax exemptions;
59 repealing s. 218.077, F.S., relating to wage and
60 employment benefits requirements by political
61 subdivisions and restrictions thereon; amending s.
62 252.35, F.S.; removing limitations on the timeframe
63 for delegation of certain authorities by the Division
64 of Emergency Management; amending s. 252.38, F.S.;
65 removing requirements for the purpose and scope of
66 emergency orders; removing provisions on the automatic
67 expiration of emergency orders; removing provisions
68 authorizing the extension of emergency orders by a
69 majority vote of a governing body for a specified
70 duration; removing provisions authorizing the Governor
71 to invalidate certain emergency orders; removing
72 prohibitions on the issuance of certain emergency
73 orders; amending s. 252.46, F.S.; removing provisions
74 that a failure by a political subdivision to file
75 certain orders and rules with specified entities
76 within a specified timeframe voids the issued orders
77 or rules; repealing 311.25, F.S., relating to Florida
78 seaports and local ballot initiatives and referendums;
79 amending 331.502, F.S.; conforming a provision to
80 changes made by the act; amending s. 337.401, F.S.;
81 removing certain communications services lines as
82 items over which certain governmental entities are
83 authorized to prescribe and enforce reasonable rules
84 and regulations; removing time restrictions placed
85 upon certain counties and municipalities for
86 processing certain permit applications; removing
87 limitations and prohibitions on municipalities and
88 counties relating to registrations and renewals of
89 communications services providers; removing provisions
90 that authorize municipalities and counties to require
91 certain information as part of a registration;
92 removing provisions that prohibit municipalities and
93 counties from requiring a payment of fees, costs, or
94 charges for provider registration or renewal; removing
95 prohibitions against municipalities and counties
96 adopting or enforcing certain ordinances, rules, or
97 requirements; removing limitations on municipal and
98 county authority to regulate and manage municipal and
99 county roads or rights-of-way; removing provisions
100 that prohibit certain municipalities and counties from
101 imposing permit fees; removing provisions that specify
102 activities for which permit fees may not be imposed;
103 removing a requirement that enforcement of certain
104 ordinances be suspended until certain conditions are
105 met; removing a condition for certain in-kind
106 compensation; revising items over which municipalities
107 and counties may exercise regulatory control; removing
108 provisions for requirements relating to right-of-way
109 permits; removing provisions relating to municipal and
110 county authority over pass-through providers; removing
111 references to, and administration and provisions of,
112 the Advanced Wireless Infrastructure Deployment Act;
113 removing a provision authorizing a civil action for
114 specified violations; removing authorizations for a
115 court to take certain actions; removing provisions
116 requiring that work in certain authority rights-of-way
117 comply with a specified document; amending s. 350.81,
118 F.S.; removing procedures that must be followed by
119 governmental entities before providing communications
120 services; removing provisions relating to the use of
121 certain revenues to issue bonds to finance
122 communications services; removing provisions which
123 provide certain procedures if revenues do not exceed
124 operating costs after a specified time period;
125 removing exemptions of certain governmental entities
126 from certain requirements relating to
127 telecommunications services; removing a provision
128 specifying that certain airport authorities or other
129 governmental entities are not exempt from certain
130 procedural requirements relating to telecommunications
131 services; repealing s. 366.032, F.S., relating to
132 preemption over utility service restrictions;
133 repealing s. 377.707, F.S., relating to express
134 preemption of fuel retailers and related
135 transportation infrastructure; amending s. 403.412,
136 F.S.; removing prohibitions against local governments
137 recognizing or granting certain legal rights to the
138 natural environment or granting such rights relating
139 to the natural environment to a person or political
140 subdivision; amending s. 403.7033, F.S.; removing the
141 prohibition against local laws relating to the
142 regulation of auxiliary containers, wrappings, and
143 disposable plastic bags; amending ss. 489.117,
144 489.1455, and 489.5335, F.S.; conforming provisions to
145 changes made by the act; amending s. 499.002, F.S.;
146 removing a provision that preempts the regulation of
147 over-the-counter proprietary drugs and cosmetics to
148 the state; repealing s. 500.90, F.S., relating to the
149 preemption of local laws relating to the use or sale
150 of polystyrene products to the Department of
151 Agriculture and Consumer Services; amending s.
152 790.251, F.S.; conforming a provision to changes made
153 by the act; repealing s. 569.0025, F.S., relating to
154 preemption of the regulation of tobacco products to
155 the state; repealing s. 569.315, F.S., relating to
156 preemption of the regulation of nicotine products to
157 the state; repealing s. 790.33, F.S., relating to the
158 preemption of the field of regulation of firearms and
159 ammunition to the Legislature, to the exclusion of
160 local jurisdictions; amending s. 570.07, F.S.;
161 removing provisions relating to the preemption of the
162 regulation of fertilizer to the state; repealing ch.
163 908, F.S, consisting of ss. 908.101, 908.102, 908.103,
164 908.104, 908.105, 908.106, 908.107, 908.108, and
165 908.109, F.S., relating to legislative findings and
166 intent, definitions, a prohibition on sanctuary
167 policies, cooperation with federal immigration
168 authorities, duties relating to immigration detainers,
169 reimbursement of costs, enforcement, education
170 records, and a prohibition on discrimination,
171 respectively; providing a contingent effective date.
172
173 Be It Enacted by the Legislature of the State of Florida:
174
175 Section 1. Subsection (11) of section 106.08, Florida
176 Statutes, is amended to read:
177 106.08 Contributions; limitations on.—
178 (11)(a) A county, a municipality, or any other local
179 governmental entity is expressly preempted from enacting or
180 adopting:
181 1. Contribution limits that differ from the limitations
182 established in subsection (1);
183 2. Any limitation or restriction involving contributions to
184 a political committee or an electioneering communications
185 organization; or
186 3. Any limitation or restriction on expenditures for an
187 electioneering communication or an independent expenditure.
188 (b) Any existing or future limitation or restriction
189 enacted or adopted by a county, a municipality, or any other
190 local governmental entity which is in conflict with this
191 subsection is void.
192 Section 2. Subsection (3) and present subsection (6) of
193 section 125.0103, Florida Statutes, are amended to read:
194 125.0103 Ordinances and rules imposing price controls;
195 findings required; procedures.—
196 (3) Any law, ordinance, rule, or other measure which has
197 the effect of imposing controls on rents shall terminate and
198 expire within 1 year and shall not be extended or renewed except
199 by the adoption of a new measure meeting all the requirements of
200 this section.
201 (5)(6) In any court action brought to challenge the
202 validity of rent control imposed pursuant to the provisions of
203 this section, the evidentiary effect of any findings or
204 recitations required by subsection (4) (5) shall be limited to
205 imposing upon any party challenging the validity of such measure
206 the burden of going forward with the evidence, and the burden of
207 proof (that is, the risk of nonpersuasion) shall rest upon any
208 party seeking to have the measure upheld.
209 Section 3. Subsection (4) of section 125.01055, Florida
210 Statutes, is amended to read:
211 125.01055 Affordable housing.—
212 (4) In exchange for a developer fulfilling the requirements
213 of subsection (2) or, for residential or mixed-use residential
214 development, the requirements of subsection (3), a county must
215 provide incentives to fully offset all costs to the developer of
216 its affordable housing contribution or linkage fee. Such
217 incentives may include, but are not limited to:
218 (a) Allowing the developer density or intensity bonus
219 incentives or more floor space than allowed under the current or
220 proposed future land use designation or zoning;
221 (b) Reducing or waiving fees, such as impact fees or water
222 and sewer charges; or
223 (c) Granting other incentives.
224 Section 4. Section 125.421, Florida Statutes, is amended to
225 read:
226 125.421 Telecommunications services.—A telecommunications
227 company that is a county or other entity of local government may
228 obtain or hold a certificate required by chapter 364, and the
229 obtaining or holding of said certificate serves a public purpose
230 only if the county or other entity of local government:
231 (1) Separately accounts for the revenues, expenses,
232 property, and source of investment dollars associated with the
233 provision of such service; and
234 (2) Is subject, without exemption, to all local
235 requirements applicable to telecommunications companies; and
236 (3) Notwithstanding any other provision of law, pays, on
237 its telecommunications facilities used to provide two-way
238 telecommunication services to the public for hire and for which
239 a certificate is required under chapter 364, ad valorem taxes,
240 or fees in amounts equal thereto, to any taxing jurisdiction in
241 which the county or other entity of local government operates.
242 Any entity of local government may pay and impose such ad
243 valorem taxes or fees. Any immunity of any county or other
244 entity of local government from taxation of the property taxed
245 by this section is hereby waived.
246
247 This section does not apply to the provision of
248 telecommunications services for internal operational needs of a
249 county or other entity of local government. This section does
250 not apply to the provision of internal information services,
251 including, but not limited to, tax records, engineering records,
252 and property records, by a county or other entity of local
253 government to the public for a fee.
254 Section 5. Section 163.045, Florida Statutes, is repealed.
255 Section 6. Section 163.211, Florida Statutes, is repealed.
256 Section 7. Subsection (6) of section 163.31801, Florida
257 Statutes, is amended to read:
258 163.31801 Impact fees; short title; intent; minimum
259 requirements; audits; challenges.—
260 (6) A local government, school district, or special
261 district may increase an impact fee only as provided in this
262 subsection.
263 (a) An impact fee may be increased only pursuant to a plan
264 for the imposition, collection, and use of the increased impact
265 fees which complies with this section.
266 (b) An increase to a current impact fee rate of not more
267 than 25 percent of the current rate must be implemented in two
268 equal annual increments beginning with the date on which the
269 increased fee is adopted.
270 (c) An increase to a current impact fee rate which exceeds
271 25 percent but is not more than 50 percent of the current rate
272 must be implemented in four equal installments beginning with
273 the date the increased fee is adopted.
274 (d) An impact fee increase may not exceed 50 percent of the
275 current impact fee rate.
276 (e) An impact fee may not be increased more than once every
277 4 years.
278 (f) An impact fee may not be increased retroactively for a
279 previous or current fiscal or calendar year.
280 (g) A local government, school district, or special
281 district may increase an impact fee rate beyond the phase-in
282 limitations established under paragraph (b), paragraph (c),
283 paragraph (d), or paragraph (e) by establishing the need for
284 such increase in full compliance with the requirements of
285 su