Preemption Bills in the Florida Legislature

Bills that could impact local government’s decision making powers

Here are a few of the Preemption Bills I am watching. Reminder that Preemption Bills are State level bills that limit how local governments can make decisions based on local needs and preferences.

HB 1417/SB 1586 – Residential Tenancies

This bill preempts the regulation of residential tenancies and the landlord-tenant relationship to the state. What does that mean? Local communities cannot regulate any part of the “landlord-tenant relationship.” This includes setting caps on application fees and security deposits.

HB 1417 – Added to Civil Justice Subcommittee Agenda

SB 1586 – Introduced

HB 1515/SB 170 – Local Ordinances

This bill empowers business owners to sue cities and counties for passing ordinances that case the financial losses. Businesses can sue over “arbitrary or unreasonable” ordinances for up to $50,000. While the lawsuit is proceeding, the local government must suspend enforcement of the ordinance in question. The bill also requires local government to produce and post on the local website a “business impact estimate” during the drafting phase of the ordinance.

SB 170 Passed the Senate – sent to the House

HB1515 – added to Civil Justice Subcommittee agenda

HB 627/SB 102 – Live Local

This bill is intended to incentivize developers and local governments to build or refurbish affordable housing units. This would waive zoning requirements that prevent affordable housing units from being built. It takes away requirements for a zoning change or comprehensive plan amendment for multi-family or mixed-use residential projects in commercial areas if the project sets aside 40% for affordable housing. Also included are incentives and tax exemptions for developers who provide affordable housing.

HB 627 – Added to Ways and Means Committee

SB 102 – Passed and moved to the House

HB 359/SB 540 – Local Government Comprehensive Plans

Anyone challenging a local government for changing its comprehensive plan and then loses that challenge must pay the legal bills for the winner. This bill discourages small resident groups from challenging comprehensive plan changes

SB 540 – on Community Affairs Agenda 3/22/23 – 11:00 AM

HB 359 – Now in State Affairs Committee

HB 1293/SB 1212 – Affordable Housing

Providing that a provision authorizing the board of county commissioners to approve certain development projects does not apply in a specified area of critical state concern; providing that a provision authorizing a municipality to approve certain development projects does not apply in a specified area of critical state concern; providing that certain provisions governing awards made pursuant to local housing assistance plans do not apply to counties and municipalities within areas of critical state concern meeting certain criteria, etc.

SB 1212 – Introduced 3/7

HB 1293 – Added to Local Administration, Federal Affairs & Special Districts Subcommittee agenda

HB 235/SB 350 – Alternative Mobility Funding Systems

Revises requirements related to agreements to pay for or construct certain improvements; authorizes local governments to adopt alternative mobility planning & fee system; prohibits alternative system from imposing responsibility for funding existing transportation deficiency upon new development; revises requirements for calculation of impact fees; removes ability of local government, school district, or special district to increase impact fees in certain instances; provides requirements for mobility fees-based funding systems, mobility fees & fee increases; specifies criteria to be used in adopting mobility plan & mobility fee for transportation mitigation improvements; prohibits courts from using deferential standard for specified purpose; provides for specified mobility fee credits.

HB 235 – Added to Local Administration, Federal Affairs & Special Districts Subcommittee agenda

SB 350 – Introduced

HB 833 – SB 714 – Vacation Rentals

Requiring advertising platforms to collect and remit specified taxes for certain vacation rental transactions; defining the term “advertising platform”; revising the regulated activities of public lodging establishments and public food service establishments preempted to the state to include licensing; requiring advertising platforms to require that persons placing advertisements for vacation rentals include certain information in the advertisements and attest to certain information; authorizing the division to revoke, refuse to issue or renew, or suspend vacation rental licenses under certain circumstances, etc.

SB 714 – Now in Appropriations Committee on Agriculture, Environment, and General Government

HB 833 – First Reading 3/7/23

HB 439/SB 1604 – Land Use and Development Regulations

Revising the types of data that comprehensive plans and plan amendments must be based on; requiring local governments to determine if plan amendments are necessary to reflect a certain minimum planning period; requiring, rather than encouraging, a local government to comprehensively evaluate and update its comprehensive plan to reflect changes in local conditions; revising requirements for local land development regulations, etc.

HB 439 – now in Commerce Committee, Referred to State Affairs Committee

SB 1604 – Introduced

HB 41/SB 856 – Land Development Initiative and Referendum Processes

Revises restrictions on initiative and referendum processes. Another state preemption bill that prohibits local initiatives or referendums on land development regulations.

SB 856 – Introduced 3/7/23

HB 41 – Now in State Affairs Committee

All bills can be found at the following links:

Florida House of Representatives – Enter Bill number in search tool at the top of the page.

Florida Senate – Enter Bill number in search tool at the top of the page.