Florida Senate - 2019                       CS for CS for SB 588
       By the Committees on Community Affairs; and Commerce and
       Tourism; and Senators Hutson and Bradley
       578-04076-19                                           2019588c2
    1                        A bill to be entitled                      
    2         An act relating to preemption of local regulations;
    3         creating s. 499.072, F.S.; prohibiting certain
    4         governmental entities from adopting or enforcing local
    5         ordinances or regulations relating to over-the-counter
    6         proprietary drugs and cosmetics before a specified
    7         date; providing penalties for violations of the
    8         moratorium by a local governmental entity; amending s.
    9         526.143, F.S.; preempting the establishment of the
   10         requirements for alternate generated power sources to
   11         the state and to the Division of Emergency Management;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 499.072, Florida Statutes, is created to
   17  read:
   18         499.072Local regulation of over-the-counter proprietary
   19  drugs and cosmetics; moratorium; penalties.—
   20         (1)Before July 1, 2021, a county, a municipality, or
   21  another local governmental entity may not adopt or enforce an
   22  ordinance or other local regulation relating to over-the-counter
   23  proprietary drugs and cosmetics.
   24         (2)An attempt by a county, a municipality, or another
   25  local governmental entity to adopt or enforce over-the-counter
   26  proprietary drugs and cosmetics regulations before July 1, 2021,
   27  is a violation of this chapter and shall result in a fine of
   28  $25,000 imposed on the offending county, municipality, or other
   29  local governmental entity. Further, the offending entity is
   30  responsible for the attorney fees and costs of any party filing
   31  and prevailing in a civil action to enforce the terms of the
   32  moratorium.
   33         Section 2. Subsection (6) is added to section 526.143,
   34  Florida Statutes, to read:
   35         526.143 Alternate generated power capacity for motor fuel
   36  dispensing facilities; preemption.—
   37         (6) The establishment of requirements for alternate
   38  generated power sources, including transfer switches, is
   39  preempted to the state and the Division of Emergency Management.
   40         Section 3. This act shall take effect July 1, 2019.