Bill Amendment: FL S0280 | 2022 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Local Ordinances
Status: 2022-03-14 - Died in Messages [S0280 Detail]
Download: Florida-2022-S0280-Senate_Committee_Amendment_486704.html
Bill Title: Local Ordinances
Status: 2022-03-14 - Died in Messages [S0280 Detail]
Download: Florida-2022-S0280-Senate_Committee_Amendment_486704.html
Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 280 Ì486704/Î486704 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 57.112, Florida Statutes, is amended to 6 read: 7 57.112 Attorney fees and costs and damages; preempted local 8 actions.— 9 (1) As used in this section, the term “attorney fees and 10 costs” means the reasonable and necessary attorney fees and 11 costs incurred for all preparations, motions, hearings, trials, 12 and appeals in a proceeding. 13 (2) If a civil action is filed against a local government 14 to challenge the adoption or enforcement of a local ordinance on 15 the grounds that it is expressly preempted by the State 16 Constitution or by state law, the court shall assess and award 17 reasonable attorney fees and costs and damages to the prevailing 18 party. 19 (3) If a civil action is filed against a local government 20 to challenge the adoption of a local ordinance on the grounds 21 that the ordinance is arbitrary or unreasonable, the court may 22 assess and award reasonable attorney fees and costs and damages 23 to the complainant if successful. An award of reasonable 24 attorney fees or costs and damages pursuant to this subsection 25 may not exceed $50,000. In addition, a prevailing party may not 26 recover any attorney fees or costs directly incurred or 27 associated with litigation to determine an award of reasonable 28 attorney fees or costs. 29 (4) Attorney fees and costs may not be awarded pursuant to 30 this section if: 31 (a) The governing body of a local governmental entity 32 receives written notice that an ordinance that has been publicly 33 noticed or adopted is expressly preempted by the State 34 Constitution or state law or is arbitrary or unreasonable; and 35 (b) The governing body of the local governmental entity 36 withdraws the proposed ordinance within 30 days; or, in the case 37 of an adopted ordinance, the governing body of a local 38 government notices an intent to repeal the ordinance within 30 39 days of receipt of the notice and repeals the ordinance within 40 30 days thereafter. 41 (5)(4)The provisions in this section are supplemental to 42 all other sanctions or remedies available under law or court 43 rule. However, this section may not be construed to authorize 44 double recovery if an affected person prevails on a damages 45 claim brought against a local government pursuant to other 46 applicable law involving the same ordinance, operative acts, or 47 transactions. 48 (6)(5)This section does not apply to local ordinances 49 adopted pursuant to part II of chapter 163, s. 553.73, or s. 50 633.202. 51 (7)(a)(6)Except as provided in paragraph (b), this section 52 is intended to be prospective in nature and appliesshallapply53 only to cases commenced on or after July 1, 2019. 54 (b) The amendments to this section effective October 1, 55 2022, are prospective in nature and apply only to ordinances 56 adopted on or after October 1, 2022. 57 Section 2. Present subsections (3) through (6) of section 58 125.66, Florida Statutes, are redesignated as subsections (4) 59 through (7), respectively, a new subsection (3) is added to that 60 section, and paragraph (a) of subsection (2) of that section is 61 amended, to read: 62 125.66 Ordinances; enactment procedure; emergency 63 ordinances; rezoning or change of land use ordinances or 64 resolutions.— 65 (2)(a) The regular enactment procedure shall be as follows: 66 The board of county commissioners at any regular or special 67 meeting may enact or amend any ordinance, except as provided in 68 subsection (5)(4), if notice of intent to consider such 69 ordinance is given at least 10 days before such meeting by 70 publication as provided in chapter 50. A copy of such notice 71 shall be kept available for public inspection during the regular 72 business hours of the office of the clerk of the board of county 73 commissioners. The notice of proposed enactment shall state the 74 date, time, and place of the meeting; the title or titles of 75 proposed ordinances; and the place or places within the county 76 where such proposed ordinances may be inspected by the public. 77 The notice shall also advise that interested parties may appear 78 at the meeting and be heard with respect to the proposed 79 ordinance. 80 (3)(a) Before the enactment of a proposed ordinance, the 81 board of county commissioners shall prepare a business impact 82 estimate in accordance with this subsection. The business impact 83 estimate must be posted on the county’s website on the same day 84 the notice of proposed enactment is published pursuant to 85 paragraph (2)(a) and must include all of the following: 86 1. A summary of the proposed ordinance, including a 87 statement of the public purpose to be served by the proposed 88 ordinance, such as serving the public health, safety, morals, 89 and welfare of the county. 90 2. An estimate of the direct economic impact of the 91 proposed ordinance on private for-profit businesses in the 92 county, including the following, if any: 93 a. An estimate of direct compliance costs businesses may 94 reasonably incur if the ordinance is enacted. 95 b. Identification of any new charge or fee on businesses 96 subject to the proposed ordinance, or for which businesses will 97 be financially responsible. 98 c. An estimate of the county’s regulatory costs, including 99 an estimate of revenues from any new charges or fees that will 100 be imposed on businesses to cover such costs. 101 3. A good faith estimate of the number of businesses likely 102 to be impacted by the ordinance. 103 4. Any additional information the board determines may be 104 useful. 105 (b) This subsection may not be construed to require a 106 county to procure an accountant or other financial consultant to 107 prepare the business impact estimate required by this 108 subsection. 109 (c) This subsection does not apply to an emergency 110 ordinance enacted pursuant to this section. 111 Section 3. Section 125.675, Florida Statutes, is created to 112 read: 113 125.675 Legal challenges to certain recently enacted 114 ordinances.— 115 (1) A county must suspend enforcement of an ordinance that 116 is the subject of an action, including appeals, challenging the 117 ordinance’s validity on the grounds that it is expressly 118 preempted by the State Constitution or by state law or is 119 arbitrary or unreasonable, if: 120 (a) The action was filed with the court no later than 90 121 days after the adoption of the ordinance; 122 (b) The complainant requests suspension in the initial 123 complaint or petition, citing this section; and 124 (c) The county has been served with a copy of the complaint 125 or petition. 126 (2) In order to request the suspension of a challenged 127 ordinance, the complainant must have submitted, before the 128 enactment of the challenged ordinance, verbal or written 129 comments, recommendations, or objections to the county about the 130 proposed ordinance at any workshop or public hearing held by the 131 county or by certified mail or e-mail to the person designated 132 by the county to receive such comments, recommendations, or 133 objections. 134 (3) The court shall give cases in which the enforcement of 135 an ordinance is suspended under this section priority over other 136 pending cases and shall render a preliminary or final decision 137 on the validity of the ordinance as expeditiously as possible. 138 (4) In determining whether an ordinance is arbitrary or 139 unreasonable, the court shall consider, but is not limited to, 140 the following factors: 141 (a) The extent to which the ordinance protects the health, 142 welfare, safety, and quality of life of the residents of the 143 county; 144 (b) The impact of the ordinance on the personal rights and 145 privileges of the residents of the county; 146 (c) The total economic impact of the ordinance; and 147 (d) The business impact estimate prepared by the county as 148 required by s. 125.66(3). 149 (5) This section does not apply to local ordinances enacted 150 to implement the following: 151 (a) Part II of chapter 163; 152 (b) Section 553.73; 153 (c) Section 633.202; 154 (d) Ordinances required to comply with federal or state law 155 or regulation; 156 (e) Ordinances related to the issuance or refinancing of 157 debt; 158 (f) Ordinances related to the adoption of budgets or budget 159 amendments; or 160 (g) Ordinances required to implement a contract or an 161 agreement, including, but not limited to, any federal, state, 162 local, or private grant, or other financial assistance accepted 163 by a county government. 164 (6) The court may award attorney fees and costs as provided 165 in s. 57.112. 166 Section 4. Present subsections (4) through (8) of section 167 166.041, Florida Statutes, are redesignated as subsections (5) 168 through (9), respectively, and a new subsection (4) is added to 169 that section, to read: 170 166.041 Procedures for adoption of ordinances and 171 resolutions.— 172 (4)(a) Before the enactment of a proposed ordinance, the 173 governing body of a municipality shall prepare a business impact 174 estimate in accordance with this subsection. The business impact 175 estimate must be posted on the municipality’s website on the 176 same day the notice of proposed enactment is published pursuant 177 to paragraph (3)(a) and must include all of the following: 178 1. A summary of the proposed ordinance, including a 179 statement of the public purpose to be served by the proposed 180 ordinance, such as serving the public health, safety, morals, 181 and welfare of the municipality. 182 2. An estimate of the direct economic impact of the 183 proposed ordinance on private for-profit businesses in the 184 municipality, including the following, if any: 185 a. An estimate of direct compliance costs businesses may 186 reasonably incur if the ordinance is enacted. 187 b. Identification of any new charge or fee on businesses 188 subject to the proposed ordinance, or for which businesses will 189 be financially responsible; and 190 c. An estimate of the municipality’s regulatory costs, 191 including an estimate of revenues from any new charges or fees 192 that will be imposed on businesses to cover such costs. 193 3. A good faith estimate of the number of businesses likely 194 to be impacted by the ordinance. 195 4. Any additional information the governing body determines 196 may be useful. 197 (b) This subsection may not be construed to require a 198 municipality to procure an accountant or other financial 199 consultant to prepare the business impact estimate required by 200 this subsection. 201 (c) This subsection does not apply to an emergency 202 ordinance enacted pursuant to this section. 203 Section 5. Section 166.0411, Florida Statutes, is created 204 to read: 205 166.0411 Legal challenges to certain recently enacted 206 ordinances.— 207 (1) A municipality must suspend enforcement of an ordinance 208 that is the subject of an action, including appeals, challenging 209 the ordinance’s validity on the grounds that it is expressly 210 preempted by the State Constitution or by state law or is 211 arbitrary or unreasonable, if: 212 (a) The action was filed with the court no later than 90 213 days after the adoption of the ordinance; 214 (b) The complainant requests suspension in the initial 215 complaint or petition, citing this section; and 216 (c) The municipality has been served with a copy of the 217 complaint or petition. 218 (2) In order to request the suspension of a challenged 219 ordinance, the complainant must have submitted, before the 220 enactment of the challenged ordinance, verbal or written 221 comments, recommendations, or objections to the municipality 222 about the proposed ordinance at any workshop or public hearing 223 held by the municipality or by certified mail or e-mail to the 224 person designated by the municipality to receive such comments, 225 recommendations, or objections. 226 (3) The court shall give cases in which the enforcement of 227 an ordinance is suspended under this section priority over other 228 pending cases and shall render a preliminary or final decision 229 on the validity of the ordinance as expeditiously as possible. 230 (4) In determining whether an ordinance is arbitrary or 231 unreasonable, the court shall consider, but is not limited to, 232 the following factors: 233 (a) The extent to which the ordinance protects the health, 234 welfare, safety, and quality of life of the residents of the 235 municipality; 236 (b) The impact of the ordinance on the personal rights and 237 privileges of the residents of the municipality; 238 (c) The total economic impact of the ordinance; and 239 (d) The business impact estimate prepared by the 240 municipality as required by s. 166.041(4). 241 (5) This section does not apply to local ordinances enacted 242 to implement the following: 243 (a) Part II of chapter 163; 244 (b) Section 553.73; 245 (c) Section 633.202; 246 (d) Ordinances required to comply with federal or state law 247 or regulation; 248 (e) Ordinances related to the issuance or refinancing of 249 debt; 250 (f) Ordinances related to the adoption of budgets or budget 251 amendments; or 252 (g) Ordinances required to implement a contract or 253 agreement, including, but not limited to, any federal, state, 254 local, or private grant, or other financial assistance accepted 255 by a municipal government. 256 (6) The court may award attorney fees and costs as provided 257 in s. 57.112. 258 Section 6. Subsection (5) of section 163.2517, Florida 259 Statutes, is amended to read: 260 163.2517 Designation of urban infill and redevelopment 261 area.— 262 (5) After the preparation of an urban infill and 263 redevelopment plan or designation of an existing plan, the local 264 government shall adopt the plan by ordinance. Notice for the 265 public hearing on the ordinance must be in the form established 266 in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 267s. 125.66(4)(b)2.for counties. 268 Section 7. Paragraph (a) of subsection (3) of section 269 163.3181, Florida Statutes, is amended to read: 270 163.3181 Public participation in the comprehensive planning 271 process; intent; alternative dispute resolution.— 272 (3) A local government considering undertaking a publicly 273 financed capital improvement project may elect to use the 274 procedures set forth in this subsection for the purpose of 275 allowing public participation in the decision and resolution of 276 disputes. For purposes of this subsection, a publicly financed 277 capital improvement project is a physical structure or 278 structures, the funding for construction, operation, and 279 maintenance of which is financed entirely from public funds. 280 (a) Prior to the date of a public hearing on the decision 281 on whether to proceed with the proposed project, the local 282 government shall publish public notice of its intent to decide 283 the issue according to the notice procedures described by s. 284 125.66(5)(b)2.s. 125.66(4)(b)2.for a county or s. 285 166.041(3)(c)2.b. for a municipality. 286 Section 8. Paragraph (a) of subsection (4) of section 287 163.3215, Florida Statutes, is amended to read: 288 163.3215 Standing to enforce local comprehensive plans 289 through development orders.— 290 (4) If a local government elects to adopt or has adopted an 291 ordinance establishing, at a minimum, the requirements listed in 292 this subsection, the sole method by which an aggrieved and 293 adversely affected party may challenge any decision of local 294 government granting or denying an application for a development 295 order, as defined in s. 163.3164, which materially alters the 296 use or density or intensity of use on a particular piece of 297 property, on the basis that it is not consistent with the 298 comprehensive plan adopted under this part, is by an appeal 299 filed by a petition for writ of certiorari filed in circuit 300 court no later than 30 days following rendition of a development 301 order or other written decision of the local government, or when 302 all local administrative appeals, if any, are exhausted, 303 whichever occurs later. An action for injunctive or other relief 304 may be joined with the petition for certiorari. Principles of 305 judicial or administrative res judicata and collateral estoppel 306 apply to these proceedings. Minimum components of the local 307 process are as follows: 308 (a) The local process must make provision for notice of an 309 application for a development order that materially alters the 310 use or density or intensity of use on a particular piece of 311 property, including notice by publication or mailed notice 312 consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 313 166.041(3)(c)2.b. and c.ss. 125.66(4)(b)2. and 3. and314166.041(3)(c)2.b. and c., and must require prominent posting at 315 the job site. The notice must be given within 10 days after the 316 filing of an application for a development order; however, 317 notice under this subsection is not required for an application 318 for a building permit or any other official action of local 319 government which does not materially alter the use or density or 320 intensity of use on a particular piece of property. The notice 321 must clearly delineate that an aggrieved or adversely affected 322 person has the right to request a quasi-judicial hearing before 323 the local government for which the application is made, must 324 explain the conditions precedent to the appeal of any 325 development order ultimately rendered upon the application, and 326 must specify the location where written procedures can be 327 obtained that describe the process, including how to initiate 328 the quasi-judicial process, the timeframes for initiating the 329 process, and the location of the hearing. The process may 330 include an opportunity for an alternative dispute resolution. 331 Section 9. Paragraph (c) of subsection (1) of section 332 376.80, Florida Statutes, is amended to read: 333 376.80 Brownfield program administration process.— 334 (1) The following general procedures apply to brownfield 335 designations: 336 (c) Except as otherwise provided, the following provisions 337 apply to all proposed brownfield area designations: 338 1. Notification to department following adoption.—A local 339 government with jurisdiction over the brownfield area must 340 notify the department, and, if applicable, the local pollution 341 control program under s. 403.182, of its decision to designate a 342 brownfield area for rehabilitation for the purposes of ss. 343 376.77-376.86. The notification must include a resolution 344 adopted by the local government body. The local government shall 345 notify the department, and, if applicable, the local pollution 346 control program under s. 403.182, of the designation within 30 347 days after adoption of the resolution. 348 2. Resolution adoption.—The brownfield area designation 349 must be carried out by a resolution adopted by the 350 jurisdictional local government, which includes a map adequate 351 to clearly delineate exactly which parcels are to be included in 352 the brownfield area or alternatively a less-detailed map 353 accompanied by a detailed legal description of the brownfield 354 area. For municipalities, the governing body shall adopt the 355 resolution in accordance with the procedures outlined in s. 356 166.041, except that the procedures for the public hearings on 357 the proposed resolution must be in the form established in s. 358 166.041(3)(c)2. For counties, the governing body shall adopt the 359 resolution in accordance with the procedures outlined in s. 360 125.66, except that the procedures for the public hearings on 361 the proposed resolution shall be in the form established in s. 362 125.66(5)(b)s. 125.66(4)(b). 363 3. Right to be removed from proposed brownfield area.—If a 364 property owner within the area proposed for designation by the 365 local government requests in writing to have his or her property 366 removed from the proposed designation, the local government 367 shall grant the request. 368 4. Notice and public hearing requirements for designation 369 of a proposed brownfield area outside a redevelopment area or by 370 a nongovernmental entity. Compliance with the following 371 provisions is required before designation of a proposed 372 brownfield area under paragraph (2)(a) or paragraph (2)(c): 373 a. At least one of the required public hearings shall be 374 conducted as closely as is reasonably practicable to the area to 375 be designated to provide an opportunity for public input on the 376 size of the area, the objectives for rehabilitation, job 377 opportunities and economic developments anticipated, 378 neighborhood residents’ considerations, and other relevant local 379 concerns. 380 b. Notice of a public hearing must be made in a newspaper 381 of general circulation in the area, must be made in ethnic 382 newspapers or local community bulletins, must be posted in the 383 affected area, and must be announced at a scheduled meeting of 384 the local governing body before the actual public hearing. 385 Section 10. Paragraph (a) of subsection (3) of section 386 497.270, Florida Statutes, is amended to read: 387 497.270 Minimum acreage; sale or disposition of cemetery 388 lands.— 389 (3)(a) If the property to be sold, conveyed, or disposed of 390 under subsection (2) has been or is being used for the permanent 391 interment of human remains, the applicant for approval of such 392 sale, conveyance, or disposition shall cause to be published, at 393 least once a week for 4 consecutive weeks, a notice meeting the 394 standards of publication set forth in s. 125.66(5)(b)2.s.395125.66(4)(b)2.The notice shall describe the property in 396 question and the proposed noncemetery use and shall advise 397 substantially affected persons that they may file a written 398 request for a hearing pursuant to chapter 120, within 14 days 399 after the date of last publication of the notice, with the 400 department if they object to granting the applicant’s request to 401 sell, convey, or dispose of the subject property for noncemetery 402 uses. 403 Section 11. Paragraph (a) of subsection (2) of section 404 562.45, Florida Statutes, is amended to read: 405 562.45 Penalties for violating Beverage Law; local 406 ordinances; prohibiting regulation of certain activities or 407 business transactions; requiring nondiscriminatory treatment; 408 providing exceptions.— 409 (2)(a) Nothing contained in the Beverage Law shall be 410 construed to affect or impair the power or right of any county 411 or incorporated municipality of the state to enact ordinances 412 regulating the hours of business and location of place of 413 business, and prescribing sanitary regulations therefor, of any 414 licensee under the Beverage Law within the county or corporate 415 limits of such municipality. However, except for premises 416 licensed on or before July 1, 1999, and except for locations 417 that are licensed as restaurants, which derive at least 51 418 percent of their gross revenues from the sale of food and 419 nonalcoholic beverages, pursuant to chapter 509, a location for 420 on-premises consumption of alcoholic beverages may not be 421 located within 500 feet of the real property that comprises a 422 public or private elementary school, middle school, or secondary 423 school unless the county or municipality approves the location 424 as promoting the public health, safety, and general welfare of 425 the community under proceedings as provided in s. 125.66(5)s.426125.66(4), for counties, and s. 166.041(3)(c), for 427 municipalities. This restriction shall not, however, be 428 construed to prohibit the issuance of temporary permits to 429 certain nonprofit organizations as provided for in s. 561.422. 430 The division may not issue a change in the series of a license 431 or approve a change of a licensee’s location unless the licensee 432 provides documentation of proper zoning from the appropriate 433 county or municipal zoning authorities. 434 Section 12. Subsection (1) of section 847.0134, Florida 435 Statutes, is amended to read: 436 847.0134 Prohibition of adult entertainment establishment 437 that displays, sells, or distributes materials harmful to minors 438 within 2,500 feet of a school.— 439 (1) Except for those establishments that are legally 440 operating or have been granted a permit from a local government 441 to operate as adult entertainment establishments on or before 442 July 1, 2001, an adult entertainment establishment that sells, 443 rents, loans, distributes, transmits, shows, or exhibits any 444 obscene material, as described in s. 847.0133, or presents live 445 entertainment or a motion picture, slide, or other exhibit that, 446 in whole or in part, depicts nudity, sexual conduct, sexual 447 excitement, sexual battery, sexual bestiality, or 448 sadomasochistic abuse and that is harmful to minors, as 449 described in s. 847.001, may not be located within 2,500 feet of 450 the real property that comprises a public or private elementary 451 school, middle school, or secondary school unless the county or 452 municipality approves the location under proceedings as provided 453 in s. 125.66(5)s. 125.66(4)for counties or s. 166.041(3)(c) 454 for municipalities. 455 Section 13. The Legislature finds and declares that this 456 act fulfills an important state interest. 457 Section 14. This act shall take effect October 1, 2022. 458 459 ================= T I T L E A M E N D M E N T ================ 460 And the title is amended as follows: 461 Delete everything before the enacting clause 462 and insert: 463 A bill to be entitled 464 An act relating to local ordinances; amending s. 465 57.112, F.S.; authorizing courts to assess and award 466 attorney fees and costs and damages in certain civil 467 actions filed against local governments; specifying a 468 limitation on awards and a restriction; providing 469 construction and applicability; amending s. 125.66, 470 F.S.; requiring a board of county commissioners to 471 prepare a business impact estimate before the 472 enactment of a proposed ordinance; specifying 473 requirements for the posting and content of the 474 estimate; providing construction and applicability; 475 creating s. 125.675, F.S.; requiring a county to 476 suspend enforcement of an ordinance that is the 477 subject of a certain legal action if certain 478 conditions are met; specifying a precondition for the 479 suspension of an ordinance to be requested; requiring 480 courts to give priority to certain cases; specifying 481 factors a court must consider in determining whether 482 an ordinance is arbitrary or unreasonable; providing 483 applicability; authorizing courts to award attorney 484 fees and costs under certain circumstances; amending 485 s. 166.041, F.S.; requiring a governing body of a 486 municipality to prepare a business impact estimate 487 before the enactment of a proposed ordinance; 488 specifying requirements for the posting and content of 489 the estimate; providing construction and 490 applicability; creating s. 166.0411, F.S.; requiring a 491 municipality to suspend enforcement of an ordinance 492 that is the subject of a certain legal action if 493 certain conditions are met; specifying a precondition 494 for the suspension of an ordinance to be requested; 495 requiring courts to give priority to certain cases; 496 specifying factors a court must consider in 497 determining whether an ordinance is arbitrary or 498 unreasonable; providing applicability; authorizing 499 courts to award attorney fees and costs under certain 500 circumstances; amending ss. 163.2517, 163.3181, 501 163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.; 502 conforming cross-references; providing a declaration 503 of important state interest; providing an effective 504 date.