Florida Senate - 2017 SB 1158 By Senator Passidomo 28-00294C-17 20171158__ 1 A bill to be entitled 2 An act relating to regulation of commerce, trade, and 3 labor; creating ss. 125.003, 166.015, and 189.0125, 4 F.S.; reserving to the state the exclusive right to 5 regulate matters of commerce, trade, and labor under 6 certain circumstances; prohibiting counties, 7 municipalities, and special districts from engaging in 8 specified actions that regulate commerce, trade, or 9 labor, unless otherwise expressly authorized to do so 10 by special or general law; providing that an 11 ordinance, rule, or regulation that violates a 12 specified provision is null and void; authorizing a 13 local government to seek nullification of an 14 ordinance, rule, or regulation of another county, 15 municipality, or special district upon the affirmative 16 vote of the governing body of the local government 17 that the ordinance, rule, or regulation violates a 18 specified provision; requiring the local government to 19 notify the county, municipality, or special district 20 that the local government is initiating the process of 21 nullification; specifying requirements for such 22 notification; requiring the county, municipality, or 23 special district to provide certain responses to the 24 local government within specified periods, subject to 25 certain requirements; requiring the local government 26 to notify the county, municipality, or special 27 district that adopted the ordinance, rule, or 28 regulation that it intends to submit a copy of the 29 ordinance, rule, or regulation to the Legislature for 30 its nullification within a specified period, subject 31 to certain requirements; requiring the local 32 government to submit a copy of the ordinance, rule, or 33 regulation and a certain written explanation of how 34 the ordinance, rule, or regulation violates a 35 specified provision to the Legislature within a 36 specified period; providing that such submission is 37 void under certain circumstances; providing that the 38 ordinance, rule, or regulation is nullified and 39 repealed on the last day of the next regular session 40 if the Legislature does not ratify it on or before the 41 last day of that regular session; providing for 42 retroactive application; providing applicability; 43 providing an effective date. 44 45 WHEREAS, the Constitution of the State of Florida and the 46 Florida Statutes establish the authority of the Legislature to 47 define and fix the scope of the power of local government, and 48 WHEREAS, local governmental entities are given broad 49 authority to adopt ordinances relating to issues that include, 50 but are not limited to, zoning, local law enforcement, code 51 inspection and enforcement, alcoholic beverage regulations, 52 solid waste management, and finance and taxation as detailed in 53 general law, and 54 WHEREAS, it is in the best interest of this state to 55 protect and encourage the exercise of home rule power and local 56 authority on issues such as those described, and 57 WHEREAS, the increasingly interconnected nature of our 58 society and economy may result in local ordinances having a far 59 reaching impact beyond the locality where they are adopted, and 60 WHEREAS, some local ordinances are becoming increasingly 61 burdensome and creating considerable and costly challenges to 62 businesses, and 63 WHEREAS, local governmental entities should continue to 64 enjoy the ability to govern their localities as they see fit; 65 however, this exercise of authority at the local level should 66 not be allowed to impede, unchecked, commerce, trade, and labor 67 throughout the state outside the boundaries of the local 68 governmental entities, and 69 WHEREAS, although the State of Florida has a vested 70 interest in facilitating the strong and active governance of 71 local governmental entities by their respective governing 72 bodies, such governance should not impede or encroach on the 73 self-governance of other local governmental entities or the 74 orderly conduct of business throughout this state, and 75 WHEREAS, the Legislature hereby clarifies its authority 76 with regard to the regulation of commerce, trade, and labor for 77 the purpose of preserving the authority of each local 78 governmental entity while encouraging efficiency and economic 79 growth through the reduction of inconsistent and costly 80 regulation, NOW, THEREFORE, 81 82 Be It Enacted by the Legislature of the State of Florida: 83 84 Section 1. Section 125.003, Florida Statutes, is created to 85 read: 86 125.003 Regulation of commerce, trade, and labor; 87 preemption.— 88 (1)(a) The state expressly preempts the regulation of 89 matters relating to commerce, trade, and labor under the 90 conditions set forth in this section. 91 (b) Unless otherwise expressly authorized by special or 92 general law, the legislative and governing body of a county may 93 not regulate commerce, trade, or labor by: 94 1. Banning the sale of a good or service; 95 2. Imposing a penalty on the sale of a good or service; 96 3. Requiring an employer to pay any or all of its employees 97 a wage rate not otherwise required under a special, general, or 98 federal law; or 99 4. Adopting an ordinance, rule, or regulation on commerce, 100 trade, or labor which: 101 a. Interferes with the regulation of commerce, trade, or 102 labor outside the territorial boundaries of the county; or 103 b. Has an adverse impact on economic growth; private sector 104 job creation or employment; private sector investment; business 105 competitiveness, including impeding the ability of persons doing 106 business in the county or state to compete with persons doing 107 business in other areas of the state or in other domestic 108 markets; productivity; or innovation within the county or 109 outside its territorial boundaries. 110 (c) An ordinance, rule, or regulation that violates this 111 subsection is null and void. 112 (2) Upon the affirmative vote of the governing body of a 113 local government that an ordinance, rule, or regulation of a 114 county violates subsection (1), the local government may seek to 115 nullify such ordinance, rule, or regulation. In order to begin 116 the process of nullification, the local government must notify 117 the county in writing that the local government is initiating 118 the process of nullification under this section. Such 119 notification must include: 120 (a) A copy of the ordinance, rule, or regulation; 121 (b) A written explanation of how the ordinance, rule, or 122 regulation violates subsection (1), including any adverse impact 123 that the ordinance, rule, or regulation has on the local 124 government or other area outside the territorial boundaries of 125 the county; and 126 (c) A request to the county to repeal the specific 127 ordinance, rule, or regulation or to amend it so that it does 128 not violate subsection (1), specifically identifying the 129 amendments needed to bring the ordinance, rule, or regulation 130 into compliance. 131 (3) The county must respond in writing to the local 132 government within 5 days after receipt of the notice, stating 133 that the county: 134 (a) Is in receipt of the notice required under subsection 135 (2); and 136 (b) Will review and respond with specificity to the notice 137 within 30 days after receipt of the notice. 138 (4) Within 30 days after receipt of the notice required 139 under subsection (2), the county shall respond to the local 140 government in writing that it has reviewed the notice and the 141 assertions of the local government regarding the ordinance, 142 rule, or regulation that the local government asserts is in 143 violation of subsection (1) and state whether the county: 144 (a) Intends to repeal the ordinance, rule, or regulation; 145 (b) Intends to amend the ordinance, rule, or regulation, 146 including specifying the amendments that will be made to bring 147 the ordinance, rule, or regulation into compliance with 148 subsection (1); or 149 (c) Refuses to repeal or amend, stating with specificity 150 the reasons why the county asserts the ordinance, rule, or 151 regulation does not violate subsection (1). 152 (5) If the county refuses to repeal or amend the ordinance, 153 rule, or regulation and the local government continues to assert 154 the ordinance, rule, or regulation is in violation of subsection 155 (1) and wishes to nullify the ordinance, rule, or regulation, 156 the local government must, no later than 90 days before the next 157 regular session of the Legislature: 158 (a) Notify, in writing, the county that adopted the 159 ordinance, rule, or regulation that it intends to submit a copy 160 of the ordinance, rule, or regulation to the Legislature for its 161 nullification and include the materials provided in paragraphs 162 (b) and (c) in such notification; 163 (b) Submit a copy of the ordinance, rule, or regulation to 164 the President of the Senate and the Speaker of the House of 165 Representatives; and 166 (c) Submit a written explanation of how the ordinance, 167 rule, or regulation violates subsection (1), including any 168 adverse impact that the ordinance, rule, or regulation has on 169 the local government or other area outside the territorial 170 boundaries of the county, to the President of the Senate and the 171 Speaker of the House of Representatives. 172 (6) Failure to provide the required notice to the county 173 before submission of the nullification request to the 174 Legislature renders such submission void. 175 (7) If the Legislature does not ratify the ordinance, rule, 176 or regulation on or before the last day of the next regular 177 session, it is nullified and repealed on the last day of that 178 regular session. 179 (8) This section is retroactive to January 1, 2017; 180 however, any ordinance, rule, regulation, or law enacted and 181 made effective before January 1, 2017, which conflicts with this 182 section prevails. 183 Section 2. Section 166.015, Florida Statutes, is created to 184 read: 185 166.015 Regulation of commerce, trade, and labor; 186 preemption.— 187 (1)(a) The state expressly preempts the regulation of 188 matters relating to commerce, trade, and labor under the 189 conditions set forth in this section. 190 (b) Unless otherwise expressly authorized by special or 191 general law, the legislative and governing body of a 192 municipality may not regulate commerce, trade, or labor by: 193 1. Banning the sale of a good or service; 194 2. Imposing a penalty on the sale of a good or service; 195 3. Requiring an employer to pay any or all of its employees 196 a wage rate not otherwise required under a special, general, or 197 federal law; or 198 4. Adopting an ordinance, rule, or regulation on commerce, 199 trade, or labor which: 200 a. Interferes with the regulation of commerce, trade, or 201 labor outside the territorial boundaries of the municipality; or 202 b. Has an adverse impact on economic growth; private sector 203 job creation or employment; private sector investment; business 204 competitiveness, including impeding the ability of persons doing 205 business in the municipality or state to compete with persons 206 doing business in other areas of the state or in other domestic 207 markets; productivity; or innovation within the municipality or 208 outside its territorial boundaries. 209 (c) An ordinance, rule, or regulation that violates this 210 subsection is null and void. 211 (2) Upon the affirmative vote of the governing body of a 212 local government that an ordinance, rule, or regulation of a 213 municipality violates subsection (1), the local government may 214 seek to nullify such ordinance, rule, or regulation. In order to 215 begin the process of nullification, the local government must 216 notify the municipality in writing that the local government is 217 initiating the process of nullification under this section. Such 218 notification must include: 219 (a) A copy of the ordinance, rule, or regulation; 220 (b) A written explanation of how the ordinance, rule, or 221 regulation violates subsection (1), including any adverse impact 222 that the ordinance, rule, or regulation has on the local 223 government or other area outside the territorial boundaries of 224 the municipality; and 225 (c) A request to the municipality to repeal the specific 226 ordinance, rule, or regulation or to amend it so that it does 227 not violate subsection (1), specifically identifying the 228 amendments needed to bring the ordinance, rule, or regulation 229 into compliance. 230 (3) The municipality must respond in writing to the local 231 government within 5 days after receipt of the notice, stating 232 that the municipality: 233 (a) Is in receipt of the notice required under subsection 234 (2); and 235 (b) Will review and respond with specificity to the notice 236 within 30 days after receipt of the notice. 237 (4) Within 30 days after receipt of the notice required 238 under subsection (2), the municipality shall respond to the 239 local government in writing that it has reviewed the notice and 240 the assertions of the local government regarding the ordinance, 241 rule, or regulation that the local government asserts is in 242 violation of subsection (1) and state whether the municipality: 243 (a) Intends to repeal the ordinance, rule, or regulation; 244 (b) Intends to amend the ordinance, rule, or regulation, 245 including specifying the amendments that will be made to bring 246 the ordinance, rule, or regulation into compliance with 247 subsection (1); or 248 (c) Refuses to repeal or amend, stating with specificity 249 the reasons why the municipality asserts the ordinance, rule, or 250 regulation does not violate subsection (1). 251 (5) If the municipality refuses to repeal or amend the 252 ordinance, rule, or regulation and the local government 253 continues to assert the ordinance, rule, or regulation is in 254 violation of subsection (1) and wishes to nullify the ordinance, 255 rule, or regulation, the local government must, no later than 90 256 days before the next regular session of the Legislature: 257 (a) Notify, in writing, the municipality that adopted the 258 ordinance, rule, or regulation that it intends to submit a copy 259 of the ordinance, rule, or regulation to the Legislature for its 260 nullification and include the materials provided in paragraphs 261 (b) and (c) in such notification; 262 (b) Submit a copy of the ordinance, rule, or regulation to 263 the President of the Senate and the Speaker of the House of 264 Representatives; and 265 (c) Submit a written explanation of how the ordinance, 266 rule, or regulation violates subsection (1), including any 267 adverse impact that the ordinance, rule, or regulation has on 268 the local government or other area outside the territorial 269 boundaries of the municipality, to the President of the Senate 270 and the Speaker of the House of Representatives. 271 (6) Failure to provide the required notice to the 272 municipality before submission of the nullification request to 273 the Legislature renders such submission void. 274 (7) If the Legislature does not ratify the ordinance, rule, 275 or regulation on or before the last day of the next regular 276 session, it is nullified and repealed on the last day of that 277 regular session. 278 (8) This section is retroactive to January 1, 2017; 279 however, any ordinance, rule, regulation, or law enacted and 280 made effective before January 1, 2017, which conflicts with this 281 section prevails. 282 Section 3. Section 189.0125, Florida Statutes, is created 283 to read: 284 189.0125 Regulation of commerce, trade, and labor; 285 preemption.— 286 (1)(a) The state expressly preempts the regulation of 287 matters relating to commerce, trade, and labor under the 288 conditions set forth in this section. 289 (b) Unless otherwise expressly authorized by special or 290 general law, the legislative and governing body of a special 291 district may not regulate commerce, trade, or labor by: 292 1. Banning the sale of a good or service; 293 2. Imposing a penalty on the sale of a good or service; 294 3. Requiring an employer to pay any or all of its employees 295 a wage rate not otherwise required under a special, general, or 296 federal law; or 297 4. Adopting an ordinance, rule, or regulation on commerce, 298 trade, or labor which: 299 a. Interferes with the regulation of commerce, trade, or 300 labor outside the territorial boundaries of the special 301 district; or 302 b. Has an adverse impact on economic growth; private sector 303 job creation or employment; private sector investment; business 304 competitiveness, including impeding the ability of persons doing 305 business in the special district or state to compete with 306 persons doing business in other areas of the state or in other 307 domestic markets; productivity; or innovation within the special 308 district or outside its territorial boundaries. 309 (c) An ordinance, rule, or regulation that violates this 310 subsection is null and void. 311 (2) Upon the affirmative vote of the governing body of a 312 local government that an ordinance, rule, or regulation of a 313 special district violates subsection (1), the local government 314 may seek to nullify such ordinance, rule, or regulation. In 315 order to begin the process of nullification, the local 316 government must notify the special district in writing that the 317 local government is initiating the process of nullification 318 under this section. Such notification must include: 319 (a) A copy of the ordinance, rule, or regulation; 320 (b) A written explanation of how the ordinance, rule, or 321 regulation violates subsection (1), including any adverse impact 322 that the ordinance, rule, or regulation has on the local 323 government or other area outside the territorial boundaries of 324 the special district; and 325 (c) A request to the special district to repeal the 326 specific ordinance, rule, or regulation or to amend it so that 327 it does not violate subsection (1), specifically identifying the 328 amendments needed to bring the ordinance, rule, or regulation 329 into compliance. 330 (3) The special district must respond in writing to the 331 local government within 5 days after receipt of the notice, 332 stating that the special district: 333 (a) Is in receipt of the notice required under subsection 334 (2); and 335 (b) Will review and respond with specificity to the notice 336 within 30 days after receipt of the notice. 337 (4) Within 30 days after receipt of the notice required 338 under subsection (2), the special district shall respond to the 339 local government in writing that it has reviewed the notice and 340 the assertions of the local government regarding the ordinance, 341 rule, or regulation that the local government asserts is in 342 violation of subsection (1) and state whether the special 343 district: 344 (a) Intends to repeal the ordinance, rule, or regulation; 345 (b) Intends to amend the ordinance, rule, or regulation, 346 including specifying the amendments that will be made to bring 347 the ordinance, rule, or regulation into compliance with 348 subsection (1); or 349 (c) Refuses to repeal or amend, stating with specificity 350 the reasons why the special district asserts the ordinance, 351 rule, or regulation does not violate subsection (1). 352 (5) If the special district refuses to repeal or amend the 353 ordinance, rule, or regulation and the local government 354 continues to assert the ordinance, rule, or regulation is in 355 violation of subsection (1) and wishes to nullify the ordinance, 356 rule, or regulation, the local government must, no later than 90 357 days before the next regular session of the Legislature: 358 (a) Notify, in writing, the special district that adopted 359 the ordinance, rule, or regulation that it intends to submit a 360 copy of the ordinance, rule, or regulation to the Legislature 361 for its nullification and include the materials provided in 362 paragraphs (b) and (c) in such notification; 363 (b) Submit a copy of the ordinance, rule, or regulation to 364 the President of the Senate and the Speaker of the House of 365 Representatives; and 366 (c) Submit a written explanation of how the ordinance, 367 rule, or regulation violates subsection (1), including any 368 adverse impact that the ordinance, rule, or regulation has on 369 the local government or other area outside the territorial 370 boundaries of the special district, to the President of the 371 Senate and the Speaker of the House of Representatives. 372 (6) Failure to provide the required notice to the special 373 district before submission of the nullification request to the 374 Legislature renders such submission void. 375 (7) If the Legislature does not ratify the ordinance, rule, 376 or regulation on or before the last day of the next regular 377 session, it is nullified and repealed on the last day of that 378 regular session. 379 (8) This section is retroactive to January 1, 2017; 380 however, any ordinance, rule, regulation, or law enacted and 381 made effective before January 1, 2017, which conflicts with this 382 section prevails. 383 Section 4. This act shall take effect upon becoming a law.