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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 499.072, Florida Statutes, is created to 17 read: 18 499.072 Local 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.