How Florida is Pushing Abusive Preemption in the 2024 Legislative Session
Update March 21: The Florida legislative session has ended – and many abusive preemption bills were advanced through the legislature (including all of the ones mentioned below).
Florida legislators - and Governor Ron DeSantis - are among the most predictable purveyors of preemption. Last year, lawmakers enacted a sweeping omnibus preemption law that made it easier for corporations to halt local policies they don’t like and a housing preemption law that eradicated an estimated 46 local ordinances meant to protect tenants across the state. They also expanded the discriminatory “Don’t Say Gay or Transgender” legislation that erases LGBTQ+ people and families in public schools, and moved to further undermine the integrity and security of local election administration.
Despite the abundance of harmful abusive preemption measures enacted into law last year, legislators doubled down this year and have continued leaning into the tactic. Lawmakers in Tallahassee are poised to wrap regular session later next week (3/8), but there are a number of abusive preemption bills we’re tracking between now and then:
HB 433/SB 1492
This proposed legislation, seemingly inspired by the cruelty of the Texas Death Star 2.0 preemption passed in the Lone Star State last year, would ban local policies that ensure outdoor workers, such as those working in agriculture or construction, are protected during extreme heat. The policy - which explicitly states its aim of “preempting the regulation of heat exposure requirements in the workplace to the state” - follows the hottest year on record. The measure also eradicates local living wage ordinances for companies with government contracts. Both bills are expected to receive floor votes this week.
HB 1365/SB 1530
This proposed legislation targets the unhoused, and would ban sleeping in public places across the state. The bill also requires localities to set up a designated site within their community that can serve as a temporary shelter - but the state won’t give localities any money to support those spaces. The bill would give residents and business owners standing to sue the locality if they see anyone sleeping or camping in public spaces. Both the House and Senate bills are expected to clear their respective chambers this week and head to Governor Ron DeSantis for his signature.
HB 1547/SB 1628
This proposed legislation expands upon the already sweeping omnibus legislation Florida enacted into law last year that allows businesses to sue localities over local policies that conflict with corporate bottom lines. The “preemption expansion pack” that lawmakers are now considering relates particularly to local land use and zoning, and makes it even easier for corporations to challenge local authority on those fronts. HB 1547 has advanced out of committee and is awaiting floor action in the House while SB 1628 is currently pending in the Senate Fiscal Policy Committee.
HB 705/SB 742
This is a prevailing wage abusive preemption bill, meaning that the measure would override the ability of localities to impose certain hiring preferences on contractors for public works projects. Both bills have cleared their committees and could receive final floor votes in the days ahead.
LSSC continues to monitor abusive preemption bills in states across the country. If you have any questions about any of the aforementioned Florida bills, or about any of the broader trends our team is tracking nationwide, please contact media@supportdemocracy.org. We’d be happy to get you connected with the right expert.