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_Floor_Amendment_587410.html
Bill Title: Local Ordinances
Status: 2022-03-14 - Died in Messages [S0280 Detail]
Download: Florida-2022-S0280-Senate_Floor_Amendment_587410.html
Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for CS for SB 280 Ì587410{Î587410 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Farmer moved the following: 1 Senate Amendment 2 3 Delete lines 94 - 335 4 and insert: 5 633.202, or to local ordinances related to affordable housing or 6 residential tenant protections. 7 (7)(a)(6)Except as provided in paragraph (b), this section 8 is intended to be prospective in nature and appliesshallapply9 only to cases commenced on or after July 1, 2019. 10 (b) The amendments to this section effective October 1, 11 2022, are prospective in nature and apply only to ordinances 12 adopted on or after October 1, 2022. 13 Section 2. Present subsections (3) through (6) of section 14 125.66, Florida Statutes, are redesignated as subsections (4) 15 through (7), respectively, a new subsection (3) is added to that 16 section, and paragraph (a) of subsection (2) of that section is 17 amended, to read: 18 125.66 Ordinances; enactment procedure; emergency 19 ordinances; rezoning or change of land use ordinances or 20 resolutions.— 21 (2)(a) The regular enactment procedure shall be as follows: 22 The board of county commissioners at any regular or special 23 meeting may enact or amend any ordinance, except as provided in 24 subsection (5)(4), if notice of intent to consider such 25 ordinance is given at least 10 days before such meeting by 26 publication as provided in chapter 50. A copy of such notice 27 shall be kept available for public inspection during the regular 28 business hours of the office of the clerk of the board of county 29 commissioners. The notice of proposed enactment shall state the 30 date, time, and place of the meeting; the title or titles of 31 proposed ordinances; and the place or places within the county 32 where such proposed ordinances may be inspected by the public. 33 The notice shall also advise that interested parties may appear 34 at the meeting and be heard with respect to the proposed 35 ordinance. 36 (3)(a) Before the enactment of a proposed ordinance, the 37 board of county commissioners shall prepare or cause to be 38 prepared a business impact estimate in accordance with this 39 subsection. The business impact estimate must be posted on the 40 county’s website no later than the date the notice of proposed 41 enactment is published pursuant to paragraph (2)(a) and must 42 include all of the following: 43 1. A summary of the proposed ordinance, including a 44 statement of the public purpose to be served by the proposed 45 ordinance, such as serving the public health, safety, morals, 46 and welfare of the county. 47 2. An estimate of the direct economic impact of the 48 proposed ordinance on private for-profit businesses in the 49 county, including the following, if any: 50 a. An estimate of direct compliance costs businesses may 51 reasonably incur if the ordinance is enacted. 52 b. Identification of any new charge or fee on businesses 53 subject to the proposed ordinance or for which businesses will 54 be financially responsible. 55 c. An estimate of the county’s regulatory costs, including 56 an estimate of revenues from any new charges or fees that will 57 be imposed on businesses to cover such costs. 58 3. A good faith estimate of the number of businesses likely 59 to be impacted by the ordinance. 60 4. Any additional information the board determines may be 61 useful. 62 (b) This subsection may not be construed to require a 63 county to procure an accountant or other financial consultant to 64 prepare the business impact estimate required by this 65 subsection. 66 (c) This subsection does not apply to local ordinances 67 enacted to implement the following: 68 1. Part II of chapter 163; 69 2. Section 553.73; 70 3. Section 633.202; 71 4. Sections 190.005 and 190.046; 72 5. Ordinances required to comply with federal or state law 73 or regulation; 74 6. Ordinances related to the issuance or refinancing of 75 debt; 76 7. Ordinances related to the adoption of budgets or budget 77 amendments; 78 8. Ordinances required to implement a contract or an 79 agreement, including, but not limited to, any federal, state, 80 local, or private grant, or other financial assistance accepted 81 by a county government; 82 9. Emergency ordinances; 83 10. Section 125.01055; or 84 11. Ordinances related to affordable housing or residential 85 tenant protections. 86 Section 3. Section 125.675, Florida Statutes, is created to 87 read: 88 125.675 Legal challenges to certain recently enacted 89 ordinances.— 90 (1) A county must suspend enforcement of an ordinance that 91 is the subject of an action, including appeals, challenging the 92 ordinance’s validity on the grounds that it is expressly 93 preempted by the State Constitution or by state law or is 94 arbitrary or unreasonable if: 95 (a) The action was filed with the court no later than 90 96 days after the adoption of the ordinance; 97 (b) The complainant requests suspension in the initial 98 complaint or petition, citing this section; and 99 (c) The county has been served with a copy of the complaint 100 or petition. 101 (2) When there is an appeal to a case in which the 102 enforcement of an ordinance is suspended under this section, the 103 appellate court may lift the suspension if the local government 104 prevailed in the lower court. 105 (3) The court shall give cases in which the enforcement of 106 an ordinance is suspended under this section priority over other 107 pending cases and shall render a preliminary or final decision 108 on the validity of the ordinance as expeditiously as possible. 109 (4) The signature of an attorney or a party constitutes a 110 certificate that he or she has read the pleading, motion, or 111 other paper and that, to the best of his or her knowledge, 112 information, and belief formed after reasonable inquiry, it is 113 not interposed for any improper purpose, such as to harass or to 114 cause unnecessary delay, or for economic advantage, competitive 115 reasons, or frivolous purposes or needless increase in the cost 116 of litigation. If a pleading, motion, or other paper is signed 117 in violation of these requirements, the court, upon its own 118 initiative, shall impose upon the person who signed it, a 119 represented party, or both, an appropriate sanction, which may 120 include an order to pay to the other party or parties the amount 121 of reasonable expenses incurred because of the filing of the 122 pleading, motion, or other paper, including reasonable attorney 123 fees. 124 (5) This section does not apply to local ordinances enacted 125 to implement the following: 126 (a) Part II of chapter 163; 127 (b) Section 553.73; 128 (c) Section 633.202; 129 (d) Sections 190.005 and 190.046; 130 (e) Ordinances required to comply with federal or state law 131 or regulation; 132 (f) Ordinances related to the issuance or refinancing of 133 debt; 134 (g) Ordinances related to the adoption of budgets or budget 135 amendments; 136 (h) Ordinances required to implement a contract or an 137 agreement, including, but not limited to, any federal, state, 138 local, or private grant, or other financial assistance accepted 139 by a county government; 140 (i) Emergency ordinances; 141 (j) Section 125.01055; or 142 (k) Ordinances related to affordable housing or residential 143 tenant protections. 144 (6) The court may award attorney fees and costs and damages 145 as provided in s. 57.112. 146 Section 4. Present subsections (4) through (8) of section 147 166.041, Florida Statutes, are redesignated as subsections (5) 148 through (9), respectively, and a new subsection (4) is added to 149 that section, to read: 150 166.041 Procedures for adoption of ordinances and 151 resolutions.— 152 (4)(a) Before the enactment of a proposed ordinance, the 153 governing body of a municipality shall prepare or cause to be 154 prepared a business impact estimate in accordance with this 155 subsection. The business impact estimate must be posted on the 156 municipality’s website no later than the date the notice of 157 proposed enactment is published pursuant to paragraph (3)(a) and 158 must include all of the following: 159 1. A summary of the proposed ordinance, including a 160 statement of the public purpose to be served by the proposed 161 ordinance, such as serving the public health, safety, morals, 162 and welfare of the municipality. 163 2. An estimate of the direct economic impact of the 164 proposed ordinance on private for-profit businesses in the 165 municipality, including the following, if any: 166 a. An estimate of direct compliance costs businesses may 167 reasonably incur if the ordinance is enacted; 168 b. Identification of any new charge or fee on businesses 169 subject to the proposed ordinance, or for which businesses will 170 be financially responsible; and 171 c. An estimate of the municipality’s regulatory costs, 172 including an estimate of revenues from any new charges or fees 173 that will be imposed on businesses to cover such costs. 174 3. A good faith estimate of the number of businesses likely 175 to be impacted by the ordinance. 176 4. Any additional information the governing body determines 177 may be useful. 178 (b) This subsection may not be construed to require a 179 municipality to procure an accountant or other financial 180 consultant to prepare the business impact estimate required by 181 this subsection. 182 (c) This subsection does not apply to local ordinances 183 enacted to implement the following: 184 1. Part II of chapter 163; 185 2. Section 553.73; 186 3. Section 633.202; 187 4. Sections 190.005 and 190.046; 188 5. Ordinances required to comply with federal or state law 189 or regulation; 190 6. Ordinances related to the issuance or refinancing of 191 debt; 192 7. Ordinances related to the adoption of budgets or budget 193 amendments; 194 8. Ordinances required to implement a contract or an 195 agreement, including, but not limited to, any federal, state, 196 local, or private grant, or other financial assistance accepted 197 by a local government; 198 9. Emergency ordinances; 199 10. Section 166.04151; or 200 11. Ordinances related to affordable housing or residential 201 tenant protections. 202 Section 5. Section 166.0411, Florida Statutes, is created 203 to read: 204 166.0411 Legal challenges to certain recently enacted 205 ordinances.— 206 (1) A municipality must suspend enforcement of an ordinance 207 that is the subject of an action, including appeals, challenging 208 the ordinance’s validity on the grounds that it is expressly 209 preempted by the State Constitution or by state law or is 210 arbitrary or unreasonable if: 211 (a) The action was filed with the court no later than 90 212 days after the adoption of the ordinance; 213 (b) The complainant requests suspension in the initial 214 complaint or petition, citing this section; and 215 (c) The municipality has been served with a copy of the 216 complaint or petition. 217 (2) When there is an appeal to a case in which the 218 enforcement of an ordinance is suspended under this section, the 219 appellate court may lift the suspension if the local government 220 prevailed in the lower court. 221 (3) The court shall give cases in which the enforcement of 222 an ordinance is suspended under this section priority over other 223 pending cases and shall render a preliminary or final decision 224 on the validity of the ordinance as expeditiously as possible. 225 (4) The signature of an attorney or a party constitutes a 226 certificate that he or she has read the pleading, motion, or 227 other paper and that, to the best of his or her knowledge, 228 information, and belief formed after reasonable inquiry, it is 229 not interposed for any improper purpose, such as to harass or to 230 cause unnecessary delay, or for economic advantage, competitive 231 reasons, or frivolous purposes or needless increase in the cost 232 of litigation. If a pleading, motion, or other paper is signed 233 in violation of these requirements, the court, upon its own 234 initiative, shall impose upon the person who signed it, a 235 represented party, or both, an appropriate sanction, which may 236 include an order to pay to the other party or parties the amount 237 of reasonable expenses incurred because of the filing of the 238 pleading, motion, or other paper, including reasonable attorney 239 fees. 240 (5) This section does not apply to local ordinances enacted 241 to implement the following: 242 (a) Part II of chapter 163; 243 (b) Section 553.73; 244 (c) Section 633.202; 245 (d) Sections 190.005 and 190.046; 246 (e) Ordinances required to comply with federal or state law 247 or regulation; 248 (f) Ordinances related to the issuance or refinancing of 249 debt; 250 (g) Ordinances related to the adoption of budgets or budget 251 amendments; 252 (h) Ordinances required to implement a contract or an 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 (i) Emergency ordinances; 257 (j) Section 166.04151; or 258 (k) Ordinances related to affordable housing or residential 259 tenant protections.