Bill Text: FL S1748 | 2019 | Regular Session | Introduced
Bill Title: Preemption of Local Regulations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Community Affairs [S1748 Detail]
Download: Florida-2019-S1748-Introduced.html
Florida Senate - 2019 SB 1748 By Senator Perry 8-01765A-19 20191748__ 1 A bill to be entitled 2 An act relating to preemption of local regulations; 3 creating s. 163.21, F.S.; providing definitions; 4 prohibiting certain local governments from imposing or 5 adopting certain regulations on businesses and 6 business entities on or after a specified date; 7 providing exceptions; specifying that certain 8 regulations expire and may only be readopted or 9 continue to be imposed after meeting specified 10 criteria; preempting the regulation and licensing of 11 professions and occupations to the state; providing 12 exceptions; prohibiting local governments from 13 imposing additional regulations or modifying 14 regulations unless specified conditions are met; 15 specifying that specified local regulations that do 16 not meet specified criteria do not apply and may not 17 be enforced; amending s. 489.117, F.S.; specifying 18 that specified specialty contractors are not required 19 to register with the Construction Industry Licensing 20 Board; prohibiting local governments from requiring 21 certain specialty contractors to obtain a license 22 under specified circumstances; specifying job scopes 23 for which a local jurisdiction may not require a 24 license; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 163.21, Florida Statutes, is created to 29 read: 30 163.21 Regulation of businesses and business entities; 31 regulation and licensing of professions and occupations 32 preempted to state.— 33 (1) DEFINITIONS.—As used in this section: 34 (a) “Business” means any activity regularly engaged in by 35 any person, or caused to be engaged in by any person, for the 36 purpose of private or public gain, benefit, or advantage. The 37 term includes goods and services and business entities. 38 (b) “Business entity” has the same meaning as in s. 39 112.312. 40 (c) “Local government” means a county, municipality, 41 special district, or political subdivision of the state. 42 (d) “Occupation” means a paid job, profession, work, line 43 of work, trade, employment, position, post, situation, business, 44 career, field, vocation, calling, or craft, or any other 45 activity undertaken by a person to earn a livelihood. 46 (e) “Profession” means a paid occupation that involves 47 prolonged or specialized training, knowledge, qualifications, 48 and skills. The term includes membership in a professional body 49 that is guided by a certain code of conduct established by the 50 professional body or a certificate of practice to engage in a 51 profession. 52 (f) “Publicly stated” or “published” means the posting of a 53 statement or report on the local government’s website 14 days 54 before any publicly noticed meeting to adopt any regulation of a 55 business or business entity, or, if the local government does 56 not have a website, the publishing of a statement or report in 57 the local government’s meeting notice or agenda and publicly 58 reading the statement or report at the meeting immediately 59 before the vote to adopt the regulation. 60 (g) “Regulation” means a rule, directive, act, law, bylaw, 61 ordinance, pronouncement, mandate, command, injunction, 62 procedure, requirement, prescription, or guideline, and any 63 action or process of regulating or being regulated along with 64 any associated fee. 65 (h) “Transactional costs” are direct costs that are 66 ascertainable based upon standard business practices, and 67 include filing fees, the cost of obtaining a license, the cost 68 of procedures required to be employed in complying with the 69 proposed regulation, additional operating costs incurred, the 70 cost of monitoring and reporting, and any other costs necessary 71 to comply with the proposed regulation. 72 (2) BUSINESS AND BUSINESS ENTITY REGULATION.—On or after 73 July 1, 2019, a local government may not adopt or impose any new 74 regulation that is not expressly authorized by general law on a 75 business or business entity unless: 76 (a) The local government has determined and publicly stated 77 that the regulation is justified because: 78 1. The regulation is necessary to protect the public 79 health, safety, or welfare from significant and discernible harm 80 or damage and that the police power being exercised is only 81 being exercised to the extent necessary for that purpose; 82 2. The regulation is being regulated in a manner that does 83 not unnecessarily restrict entry into the business or adversely 84 affect the availability of the business’ services to the public; 85 and 86 3. The least restrictive and most cost-effective regulatory 87 scheme is being used to regulate such business or business 88 entity. 89 (b) The regulation has a sunset date or expires 2 years 90 after the date it was adopted or imposed. The regulation may not 91 be readopted or continue to be imposed without meeting the 92 requirements of this section. 93 (c) The local government has passed the regulation by a 94 two-thirds vote of the entire membership of the governing body. 95 However, a two-thirds vote of the entire membership of the 96 governing body is not required for zoning regulations, 97 regulations that increase building costs by less than $750, 98 nuisance ordinances, and ordinances related to alcohol or 99 tobacco. 100 (d) The local government has completed a statement of 101 estimated regulatory costs and determined that the regulation 102 does not impose regulatory costs on the business or business 103 entity that could be reduced by the adoption of a less costly 104 alternative. The statement of estimated regulatory costs must be 105 published 14 days before the adoption or imposition of the 106 regulation and must include the following: 107 1. A determination as to whether the overall cost 108 effectiveness and economic impact of the proposed regulation, 109 including the indirect costs to consumers, will be favorable; 110 2. An estimate of the number of businesses or business 111 entities that would be subject to the regulation; 112 3. An estimate of the cost of regulation, including the 113 indirect costs to consumers, and the method proposed to finance 114 the regulation; 115 4. The resources necessary to implement and enforce the 116 proposed regulation, including, but not limited to: 117 a. The anticipated costs to implement and enforce the 118 proposed regulation; and 119 b. The anticipated license fees to cover the anticipated 120 costs; 121 5. The anticipated impact to small businesses as defined in 122 s. 288.703; 123 6. The anticipated impact on business competitiveness, 124 including the ability of persons doing business in the county to 125 compete with persons doing business in other counties or 126 markets; 127 7. The anticipated impact on economic growth and private 128 sector job creation or employment; 129 8. The cost imposed on businesses and business entities as 130 a result of the regulation; and 131 9. A good faith estimate of the transactional costs likely 132 to be incurred by businesses and business entities required to 133 comply with the proposed regulation. 134 (3) EXEMPTION.—Any regulation expressly authorized by 135 general law is exempt from the requirements of this section. 136 (4) REGULATION EXPIRATION.—Any regulation of a business or 137 business entity adopted or imposed before July 1, 2019, expires 138 on July 1, 2021, and may only be readopted or continue to be 139 imposed after meeting the criteria in subsection (2), unless the 140 regulation is expressly authorized by general law. 141 (5) PREEMPTION OF PROFESSIONAL AND OCCUPATIONAL REGULATION 142 AND LICENSING TO THE STATE.—The regulation and licensing of 143 professions and occupations is expressly preempted to the state, 144 and this section supersedes any local government regulation or 145 licensing requirement of professions and occupations with the 146 exception of the following: 147 (a) Any local government regulation of professions or 148 occupations adopted or imposed before July 1, 2019. However, any 149 such regulation expires on July 1, 2021. 150 (b) A regulation expressly authorized by general law or 151 ratified by the Legislature before July 1, 2021. 152 (6) EXISTING REGULATION LIMIT.—A local government with a 153 local regulation concerning a profession or occupation that is 154 retained pursuant to paragraph (5)(a) or paragraph (5)(b) may 155 not impose additional regulations on that profession or 156 occupation or modify such regulation except in accordance with 157 this section. 158 (7) REGULATIONS NOT AUTHORIZED.—Any local regulation of a 159 business, business entity, profession, or occupation that is not 160 authorized under this section or otherwise expressly authorized 161 by general law does not apply and may not be enforced. 162 Section 2. Paragraph (a) of subsection (4) of section 163 489.117, Florida Statutes, is amended to read: 164 489.117 Registration; specialty contractors.— 165 (4)(a) A personholding a local licensewhose job scope 166 does not substantially correspond to either the job scope of one 167 of the contractor categories defined in s. 489.105(3)(a)-(o), or 168 the job scope of one of the certified specialty contractor 169 categories established by board rule, is not required to 170 register with the boardto perform contracting activities within171the scope of such specialty license. A local government, as 172 defined in s. 163.21(1), may not require a person to obtain a 173 license for a job scope which does not substantially correspond 174 to the job scope of one of the contractor categories defined in 175 s. 489.105(3)(a)-(o) and (q). For purposes of this section, job 176 scopes for which a local jurisdiction may not require a license 177 include, but are not limited to, painting, flooring, cabinetry, 178 interior remodeling, driveway or tennis court installation, and 179 decorative stone, tile, marble, granite, or terrazzo 180 installation, plastering, and stuccoing. 181 Section 3. This act shall take effect July 1, 2019.