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.