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_616410.html
Bill Title: Local Ordinances
Status: 2022-03-14 - Died in Messages [S0280 Detail]
Download: Florida-2022-S0280-Senate_Committee_Amendment_616410.html
Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 280 Ì616410kÎ616410 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) The court shall give cases in which the enforcement of 127 an ordinance is suspended under this section priority over other 128 pending cases and shall render a preliminary or final decision 129 on the validity of the ordinance as expeditiously as possible. 130 (3) In determining whether an ordinance is arbitrary or 131 unreasonable, the court shall consider, but is not limited to, 132 the following factors: 133 (a) The extent to which the ordinance protects the health, 134 welfare, safety, and quality of life of the residents of the 135 county; 136 (b) The impact of the ordinance on the personal rights and 137 privileges of the residents of the county; 138 (c) The total economic impact of the ordinance; and 139 (d) The business impact estimate prepared by the county as 140 required by s. 125.66(3). 141 (4) This section does not apply to local ordinances enacted 142 to implement the following: 143 (a) Part II of chapter 163; 144 (b) Section 553.73; 145 (c) Section 633.202; 146 (d) Ordinances required to comply with federal or state law 147 or regulation; 148 (e) Ordinances related to the issuance or refinancing of 149 debt; 150 (f) Ordinances related to the adoption of budgets or budget 151 amendments; or 152 (g) Ordinances required to implement a contract or an 153 agreement, including, but not limited to, any federal, state, 154 local, or private grant, or other financial assistance accepted 155 by a county government. 156 (5) The court may award attorney fees and costs as provided 157 in s. 57.112. 158 Section 4. Present subsections (4) through (8) of section 159 166.041, Florida Statutes, are redesignated as subsections (5) 160 through (9), respectively, and a new subsection (4) is added to 161 that section, to read: 162 166.041 Procedures for adoption of ordinances and 163 resolutions.— 164 (4)(a) Before the enactment of a proposed ordinance, the 165 governing body of a municipality shall prepare a business impact 166 estimate in accordance with this subsection. The business impact 167 estimate must be posted on the municipality’s website on the 168 same day the notice of proposed enactment is published pursuant 169 to paragraph (3)(a) and must include all of the following: 170 1. A summary of the proposed ordinance, including a 171 statement of the public purpose to be served by the proposed 172 ordinance, such as serving the public health, safety, morals, 173 and welfare of the municipality. 174 2. An estimate of the direct economic impact of the 175 proposed ordinance on private for-profit businesses in the 176 municipality, including the following, if any: 177 a. An estimate of direct compliance costs businesses may 178 reasonably incur if the ordinance is enacted; 179 b. Identification of any new charge or fee on businesses 180 subject to the proposed ordinance, or for which businesses will 181 be financially responsible; and 182 c. An estimate of the municipality’s regulatory costs, 183 including an estimate of revenues from any new charges or fees 184 that will be imposed on businesses to cover such costs. 185 3. A good faith estimate of the number of businesses likely 186 to be impacted by the ordinance. 187 4. Any additional information the governing body determines 188 may be useful. 189 (b) This subsection may not be construed to require a 190 municipality to procure an accountant or other financial 191 consultant to prepare the business impact estimate required by 192 this subsection. 193 (c) This subsection does not apply to an emergency 194 ordinance enacted pursuant to this section. 195 Section 5. Section 166.0411, Florida Statutes, is created 196 to read: 197 166.0411 Legal challenges to certain recently enacted 198 ordinances.— 199 (1) A municipality must suspend enforcement of an ordinance 200 that is the subject of an action, including appeals, challenging 201 the ordinance’s validity on the grounds that it is expressly 202 preempted by the State Constitution or by state law or is 203 arbitrary or unreasonable if: 204 (a) The action was filed with the court no later than 90 205 days after the adoption of the ordinance; 206 (b) The complainant requests suspension in the initial 207 complaint or petition, citing this section; and 208 (c) The municipality has been served with a copy of the 209 complaint or petition. 210 (2) The court shall give cases in which the enforcement of 211 an ordinance is suspended under this section priority over other 212 pending cases and shall render a preliminary or final decision 213 on the validity of the ordinance as expeditiously as possible. 214 (3) In determining whether an ordinance is arbitrary or 215 unreasonable, the court shall consider, but is not limited to, 216 the following factors: 217 (a) The extent to which the ordinance protects the health, 218 welfare, safety, and quality of life of the residents of the 219 municipality; 220 (b) The impact of the ordinance on the personal rights and 221 privileges of the residents of the municipality; 222 (c) The total economic impact of the ordinance; and 223 (d) The business impact estimate prepared by the 224 municipality as required by s. 166.041(4). 225 (4) This section does not apply to local ordinances enacted 226 to implement the following: 227 (a) Part II of chapter 163; 228 (b) Section 553.73; 229 (c) Section 633.202; 230 (d) Ordinances required to comply with federal or state law 231 or regulation; 232 (e) Ordinances related to the issuance or refinancing of 233 debt; 234 (f) Ordinances related to the adoption of budgets or budget 235 amendments; or 236 (g) Ordinances required to implement a contract or 237 agreement, including, but not limited to, any federal, state, 238 local, or private grant, or other financial assistance accepted 239 by a municipal government. 240 (5) The court may award attorney fees and costs as provided 241 in s. 57.112. 242 Section 6. Subsection (5) of section 163.2517, Florida 243 Statutes, is amended to read: 244 163.2517 Designation of urban infill and redevelopment 245 area.— 246 (5) After the preparation of an urban infill and 247 redevelopment plan or designation of an existing plan, the local 248 government shall adopt the plan by ordinance. Notice for the 249 public hearing on the ordinance must be in the form established 250 in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 251s. 125.66(4)(b)2.for counties. 252 Section 7. Paragraph (a) of subsection (3) of section 253 163.3181, Florida Statutes, is amended to read: 254 163.3181 Public participation in the comprehensive planning 255 process; intent; alternative dispute resolution.— 256 (3) A local government considering undertaking a publicly 257 financed capital improvement project may elect to use the 258 procedures set forth in this subsection for the purpose of 259 allowing public participation in the decision and resolution of 260 disputes. For purposes of this subsection, a publicly financed 261 capital improvement project is a physical structure or 262 structures, the funding for construction, operation, and 263 maintenance of which is financed entirely from public funds. 264 (a) Prior to the date of a public hearing on the decision 265 on whether to proceed with the proposed project, the local 266 government shall publish public notice of its intent to decide 267 the issue according to the notice procedures described by s. 268 125.66(5)(b)2.s. 125.66(4)(b)2.for a county or s. 269 166.041(3)(c)2.b. for a municipality. 270 Section 8. Paragraph (a) of subsection (4) of section 271 163.3215, Florida Statutes, is amended to read: 272 163.3215 Standing to enforce local comprehensive plans 273 through development orders.— 274 (4) If a local government elects to adopt or has adopted an 275 ordinance establishing, at a minimum, the requirements listed in 276 this subsection, the sole method by which an aggrieved and 277 adversely affected party may challenge any decision of local 278 government granting or denying an application for a development 279 order, as defined in s. 163.3164, which materially alters the 280 use or density or intensity of use on a particular piece of 281 property, on the basis that it is not consistent with the 282 comprehensive plan adopted under this part, is by an appeal 283 filed by a petition for writ of certiorari filed in circuit 284 court no later than 30 days following rendition of a development 285 order or other written decision of the local government, or when 286 all local administrative appeals, if any, are exhausted, 287 whichever occurs later. An action for injunctive or other relief 288 may be joined with the petition for certiorari. Principles of 289 judicial or administrative res judicata and collateral estoppel 290 apply to these proceedings. Minimum components of the local 291 process are as follows: 292 (a) The local process must make provision for notice of an 293 application for a development order that materially alters the 294 use or density or intensity of use on a particular piece of 295 property, including notice by publication or mailed notice 296 consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 297 166.041(3)(c)2.b. and c.ss. 125.66(4)(b)2. and 3. and298166.041(3)(c)2.b. and c., and must require prominent posting at 299 the job site. The notice must be given within 10 days after the 300 filing of an application for a development order; however, 301 notice under this subsection is not required for an application 302 for a building permit or any other official action of local 303 government which does not materially alter the use or density or 304 intensity of use on a particular piece of property. The notice 305 must clearly delineate that an aggrieved or adversely affected 306 person has the right to request a quasi-judicial hearing before 307 the local government for which the application is made, must 308 explain the conditions precedent to the appeal of any 309 development order ultimately rendered upon the application, and 310 must specify the location where written procedures can be 311 obtained that describe the process, including how to initiate 312 the quasi-judicial process, the timeframes for initiating the 313 process, and the location of the hearing. The process may 314 include an opportunity for an alternative dispute resolution. 315 Section 9. Paragraph (c) of subsection (1) of section 316 376.80, Florida Statutes, is amended to read: 317 376.80 Brownfield program administration process.— 318 (1) The following general procedures apply to brownfield 319 designations: 320 (c) Except as otherwise provided, the following provisions 321 apply to all proposed brownfield area designations: 322 1. Notification to department following adoption.—A local 323 government with jurisdiction over the brownfield area must 324 notify the department, and, if applicable, the local pollution 325 control program under s. 403.182, of its decision to designate a 326 brownfield area for rehabilitation for the purposes of ss. 327 376.77-376.86. The notification must include a resolution 328 adopted by the local government body. The local government shall 329 notify the department, and, if applicable, the local pollution 330 control program under s. 403.182, of the designation within 30 331 days after adoption of the resolution. 332 2. Resolution adoption.—The brownfield area designation 333 must be carried out by a resolution adopted by the 334 jurisdictional local government, which includes a map adequate 335 to clearly delineate exactly which parcels are to be included in 336 the brownfield area or alternatively a less-detailed map 337 accompanied by a detailed legal description of the brownfield 338 area. For municipalities, the governing body shall adopt the 339 resolution in accordance with the procedures outlined in s. 340 166.041, except that the procedures for the public hearings on 341 the proposed resolution must be in the form established in s. 342 166.041(3)(c)2. For counties, the governing body shall adopt the 343 resolution in accordance with the procedures outlined in s. 344 125.66, except that the procedures for the public hearings on 345 the proposed resolution shall be in the form established in s. 346 125.66(5)(b)s. 125.66(4)(b). 347 3. Right to be removed from proposed brownfield area.—If a 348 property owner within the area proposed for designation by the 349 local government requests in writing to have his or her property 350 removed from the proposed designation, the local government 351 shall grant the request. 352 4. Notice and public hearing requirements for designation 353 of a proposed brownfield area outside a redevelopment area or by 354 a nongovernmental entity. Compliance with the following 355 provisions is required before designation of a proposed 356 brownfield area under paragraph (2)(a) or paragraph (2)(c): 357 a. At least one of the required public hearings shall be 358 conducted as closely as is reasonably practicable to the area to 359 be designated to provide an opportunity for public input on the 360 size of the area, the objectives for rehabilitation, job 361 opportunities and economic developments anticipated, 362 neighborhood residents’ considerations, and other relevant local 363 concerns. 364 b. Notice of a public hearing must be made in a newspaper 365 of general circulation in the area, must be made in ethnic 366 newspapers or local community bulletins, must be posted in the 367 affected area, and must be announced at a scheduled meeting of 368 the local governing body before the actual public hearing. 369 Section 10. Paragraph (a) of subsection (3) of section 370 497.270, Florida Statutes, is amended to read: 371 497.270 Minimum acreage; sale or disposition of cemetery 372 lands.— 373 (3)(a) If the property to be sold, conveyed, or disposed of 374 under subsection (2) has been or is being used for the permanent 375 interment of human remains, the applicant for approval of such 376 sale, conveyance, or disposition shall cause to be published, at 377 least once a week for 4 consecutive weeks, a notice meeting the 378 standards of publication set forth in s. 125.66(5)(b)2.s.379125.66(4)(b)2.The notice shall describe the property in 380 question and the proposed noncemetery use and shall advise 381 substantially affected persons that they may file a written 382 request for a hearing pursuant to chapter 120, within 14 days 383 after the date of last publication of the notice, with the 384 department if they object to granting the applicant’s request to 385 sell, convey, or dispose of the subject property for noncemetery 386 uses. 387 Section 11. Paragraph (a) of subsection (2) of section 388 562.45, Florida Statutes, is amended to read: 389 562.45 Penalties for violating Beverage Law; local 390 ordinances; prohibiting regulation of certain activities or 391 business transactions; requiring nondiscriminatory treatment; 392 providing exceptions.— 393 (2)(a) Nothing contained in the Beverage Law shall be 394 construed to affect or impair the power or right of any county 395 or incorporated municipality of the state to enact ordinances 396 regulating the hours of business and location of place of 397 business, and prescribing sanitary regulations therefor, of any 398 licensee under the Beverage Law within the county or corporate 399 limits of such municipality. However, except for premises 400 licensed on or before July 1, 1999, and except for locations 401 that are licensed as restaurants, which derive at least 51 402 percent of their gross revenues from the sale of food and 403 nonalcoholic beverages, pursuant to chapter 509, a location for 404 on-premises consumption of alcoholic beverages may not be 405 located within 500 feet of the real property that comprises a 406 public or private elementary school, middle school, or secondary 407 school unless the county or municipality approves the location 408 as promoting the public health, safety, and general welfare of 409 the community under proceedings as provided in s. 125.66(5)s.410125.66(4), for counties, and s. 166.041(3)(c), for 411 municipalities. This restriction shall not, however, be 412 construed to prohibit the issuance of temporary permits to 413 certain nonprofit organizations as provided for in s. 561.422. 414 The division may not issue a change in the series of a license 415 or approve a change of a licensee’s location unless the licensee 416 provides documentation of proper zoning from the appropriate 417 county or municipal zoning authorities. 418 Section 12. Subsection (1) of section 847.0134, Florida 419 Statutes, is amended to read: 420 847.0134 Prohibition of adult entertainment establishment 421 that displays, sells, or distributes materials harmful to minors 422 within 2,500 feet of a school.— 423 (1) Except for those establishments that are legally 424 operating or have been granted a permit from a local government 425 to operate as adult entertainment establishments on or before 426 July 1, 2001, an adult entertainment establishment that sells, 427 rents, loans, distributes, transmits, shows, or exhibits any 428 obscene material, as described in s. 847.0133, or presents live 429 entertainment or a motion picture, slide, or other exhibit that, 430 in whole or in part, depicts nudity, sexual conduct, sexual 431 excitement, sexual battery, sexual bestiality, or 432 sadomasochistic abuse and that is harmful to minors, as 433 described in s. 847.001, may not be located within 2,500 feet of 434 the real property that comprises a public or private elementary 435 school, middle school, or secondary school unless the county or 436 municipality approves the location under proceedings as provided 437 in s. 125.66(5)s. 125.66(4)for counties or s. 166.041(3)(c) 438 for municipalities. 439 Section 13. The Legislature finds and declares that this 440 act fulfills an important state interest. 441 Section 14. This act shall take effect October 1, 2022. 442 443 ================= T I T L E A M E N D M E N T ================ 444 And the title is amended as follows: 445 Delete everything before the enacting clause 446 and insert: 447 A bill to be entitled 448 An act relating to local ordinances; amending s. 449 57.112, F.S.; authorizing courts to assess and award 450 reasonable attorney fees and costs and damages in 451 certain civil actions filed against local governments; 452 specifying a limitation on awards and a restriction; 453 providing construction and applicability; amending s. 454 125.66, F.S.; requiring a board of county 455 commissioners to prepare a business impact estimate 456 before the enactment of a proposed ordinance; 457 specifying requirements for the posting and content of 458 the estimate; providing construction and 459 applicability; creating s. 125.675, F.S.; requiring a 460 county to suspend enforcement of an ordinance that is 461 the subject of a certain legal action if certain 462 conditions are met; requiring courts to give priority 463 to certain cases; specifying factors a court must 464 consider in determining whether an ordinance is 465 arbitrary or unreasonable; providing applicability; 466 authorizing courts to award attorney fees and costs 467 under certain circumstances; amending s. 166.041, 468 F.S.; requiring a governing body of a municipality to 469 prepare a business impact estimate before the 470 enactment of a proposed ordinance; specifying 471 requirements for the posting and content of the 472 estimate; providing construction and applicability; 473 creating s. 166.0411, F.S.; requiring a municipality 474 to suspend enforcement of an ordinance that is the 475 subject of a certain legal action if certain 476 conditions are met; requiring courts to give priority 477 to certain cases; specifying factors a court must 478 consider in determining whether an ordinance is 479 arbitrary or unreasonable; providing applicability; 480 authorizing courts to award attorney fees and costs 481 under certain circumstances; amending ss. 163.2517, 482 163.3181, 163.3215, 376.80, 497.270, 562.45, and 483 847.0134, F.S.; conforming cross-references; providing 484 a declaration of important state interest; providing 485 an effective date.