F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6113 2022
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 government 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 and
15 municipalities to provide incentives to fully offset
16 costs of certain affordable housing contributions or
17 linkage fees; amending s. 125.421, F.S.; removing
18 provisions which require counties and entities of
19 local government to pay ad valorem taxes or fees under
20 specified conditions on certain telecommunications
21 facilities; removing a waiver on immunity on taxation
22 of property for counties or entities of local
23 government under such circumstances; repealing s.
24 163.045, F.S., relating to the pruning, trimming, or
25 removal of trees on residential property; repealing
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HB 6113 2022
26 163.211, F.S., relating to licensing of occupations
27 preempted to the state; amending s. 163.31801, F.S.;
28 removing provisions which provide limitations on
29 impact fee increases; repealing s. 163.3205, F.S.,
30 relating to a solar facility approval process;
31 amending s. 166.04151, F.S.; removing provisions which
32 require counties and municipalities to provide
33 incentives to fully offset costs of certain affordable
34 housing contributions or linkage fees; amending s.
35 166.043, F.S.; removing provisions which require local
36 government measures that impose rent controls to
37 expire within a specified time period unless such
38 measures are extended or renewed in accordance with
39 law; amending s. 166.047, F.S.; removing provisions
40 which require municipalities and entities of local
41 government to pay ad valorem taxes or fees under
42 specified conditions on certain telecommunications
43 facilities; removing a waiver on immunity on taxation
44 of property for municipalities or entities of local
45 government under such circumstances; amending s.
46 166.241, F.S.; removing provisions authorizing
47 specified elected officials to file an appeal to the
48 Administration Commission if the governing body of a
49 municipality makes a specified reduction to the
50 operating budget of the municipal law enforcement
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51 agency; removing provisions requiring the petition to
52 contain specified information; removing provisions
53 which require the Executive Office of the Governor to
54 conduct a budget hearing considering the matter and
55 make findings and recommendations to the
56 Administration Commission; removing provisions
57 requiring the commission to approve, amend, or modify
58 the municipality's budget; amending ss. 196.012,
59 199.183, and 212.08, F.S.; removing provisions that
60 prohibit property and use of two-way
61 telecommunications services under specified
62 circumstances from receiving certain tax exemptions;
63 repealing s. 218.077, F.S., relating to wage and
64 employment benefits requirements by political
65 subdivisions and restrictions thereon; amending s.
66 252.35, F.S.; removing provisions which provide
67 limitations on the timeframe for delegation of certain
68 authorities by the division; amending s. 252.38, F.S.;
69 removing provisions specifying requirements for the
70 purpose and scope of emergency orders; removing
71 provisions which provide for the automatic expiration
72 of emergency orders; removing provisions authorizing
73 the extension of emergency orders by a majority vote
74 of the governing body for a specified duration;
75 removing provisions authorizing the Governor to
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76 invalidate certain emergency orders; removing
77 provisions that prohibit the issuance of certain
78 emergency orders; amending s. 252.46, F.S.; removing
79 provisions which provide that a failure by a political
80 subdivision to file certain orders and rules with
81 specified entities within a specified timeframe voids
82 the issued orders or rules; repealing 311.25, F.S.,
83 relating to Florida seaports and local ballot
84 initiatives and referendums; amending 331.502, F.S.;
85 conforming a provision to changes made by the act;
86 amending s. 337.401, F.S.; removing certain
87 communications services lines as items over which
88 certain governmental entities are authorized to
89 prescribe and enforce reasonable rules and
90 regulations; removing time restrictions placed upon
91 certain counties and municipalities for processing
92 certain permit applications; removing provisions th at
93 specify limitations and prohibitions on municipalities
94 and counties relating to registrations and renewals of
95 communications services providers; removing provisions
96 that authorize municipalities and counties to require
97 certain information as part of a registration;
98 removing provisions that prohibit municipalities and
99 counties from requiring a payment of fees, costs, or
100 charges for provider registration or renewal; removing
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101 provisions that prohibit municipalities and counties
102 from adopting or enforcing certain ordinances, rules,
103 or requirements; removing limitations on municipal and
104 county authority to regulate and manage municipal and
105 county roads or rights-of-way; removing provisions
106 that prohibit certain municipalities and counties from
107 imposing permit fees; removing provisions that specify
108 activities for which permit fees may not be imposed;
109 removing the requirement that enforcement of certain
110 ordinances must be suspended until certain conditions
111 are met; removing a condition for certain in-kind
112 compensation; revising items over which municipalities
113 and counties may exercise regulatory control; removing
114 provisions for requirements relating to right-of-way
115 permits; removing provisions relating to municipal and
116 county authority over pass-through providers; removing
117 references to, and administration and provisions of,
118 the Advanced Wireless Infrastructure Deployment Act;
119 removing a provision authorizing a civil action for
120 specified violations; removing certain actions a court
121 may take; removing provisions that require that work
122 in certain authority rights-of-way must comply with a
123 specified document; amending s. 350.81, F.S.; removing
124 provisions that identify procedures which must be
125 followed by governmental entities before providing
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126 communications services; removing provisions relating
127 to the use of certain revenues to issue bonds to
128 finance communications services; removing provisions
129 which provide certain procedures if revenues do not
130 exceed operating costs after a specified time period;
131 removing provisions exempting certain governmental
132 entities from certain requirements relating to
133 telecommunications services; removing a provision
134 specifying that certain airport authorities or other
135 governmental entities are not exempt from certain
136 procedural requirements relating to telecommunications
137 services; repealing s. 366.032, F.S., relating to
138 preemption over utility service restrictions;
139 repealing s. 377.707, F.S., relating to express
140 preemption of fuel retailers and related
141 transportation infrastructure; amending s. 403.412,
142 F.S.; repealing provisions which prohibit local
143 governments from recognizing or granting certain legal
144 rights to the natural environment or granting such
145 rights relating to the natural environment to a person
146 or political subdivision; amending s. 403.7033, F.S.;
147 removing the prohibition of local laws relating to the
148 regulation of auxiliary containers, wrappings, and
149 disposable plastic bags; amending ss. 489.117,
150 489.1455, and 489.5335, F.S.; conforming provisions to
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151 changes made by the act; amending s. 499.002, F.S.;
152 removing a provision that preempts the regulation of
153 over-the-counter proprietary drugs and cosmetics to
154 the state; repealing s. 500.90, F.S., relating to the
155 preemption of local laws relating to the use or sale
156 of polystyrene products to the Department of
157 Agriculture and Consumer Services; repealing s.
158 569.0025, F.S., relating to preemption of the
159 regulation of tobacco products to the state; repealing
160 s. 569.315, F.S., relating to preemption of the
161 regulation of nicotine products to the state; amending
162 s. 570.07, F.S.; removing provisions which preempt the
163 regulation of fertilizer to the state; repealing s.
164 790.33, F.S., relating to the preemption of the field
165 of regulation of firearms and ammunition to the
166 Legislature, to the exclusion of local jurisdictions;
167 amending s. 790.251, F.S.; conforming a provision to
168 changes made by the act; repealing ch. 908, F.S,
169 consisting of ss. 908.101, 908.102, 908.103, 908.104,
170 908.105, 908.106, 908.107, 908.108, and 908.109, F.S.,
171 relating to legislative findings and intent,
172 definitions, a prohibition on sanctuary policies,
173 cooperation with federal authorities, duties relating
174 to immigration detainers, reimbursement of costs,
175 enforcement, education records, and a prohibition on
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176 discrimination, respectively; providing a contingent
177 effective date.
178
179 Be It Enacted by the Legislature of the State of Florida:
180
181 Section 1. Subsection (11) of section 106.08, Florida
182 Statutes, is amended to read:
183 106.08 Contributions; limitations on.—
184 (11)(a) A county, a municipality, or any other local
185 governmental entity is expressly preempted from enacting or
186 adopting:
187 1. Contribution limits that differ from the limitations
188 established in subsection (1);
189 2. Any limitation or restriction involving contributions
190 to a political committee or an electioneering communications
191 organization; or
192 3. Any limitation or restriction on expenditures for an
193 electioneering communication or an independent expenditure.
194 (b) Any existing or future limitation or restriction
195 enacted or adopted by a county, a municipality, or any other
196 local governmental entity which is in conflict with this
197 subsection is void.
198 Section 2. Subsection (3) of section 125.0103, Florida
199 Statutes, is amended to read:
200 125.0103 Ordinances and rules imposing price controls;
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201 findings required; procedures.—
202 (3) Any law, ordinance, rule, or other measure which has
203 the effect of imposing controls on rents shall terminate and
204 expire within 1 year and shall not be extended or renewed except
205 by the adoption of a new measure meeting all the requirements of
206 this section.
207 Section 3. Subsection (4) of section 125.01055, Florida
208 Statutes, is amended to read:
209