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.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 163.21, Florida Statutes, is created to
   29  read:
   30         163.21Regulation 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.
   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.
  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 person holding a local license whose 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 board to perform contracting activities within
  171  the 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.