Bill Text: FL S0170 | 2023 | Regular Session | Enrolled
Bill Title: Local Ordinances
Spectrum: Bipartisan Bill
Status: (Passed) 2023-07-05 - Chapter No. 2023-309 [S0170 Detail]
Download: Florida-2023-S0170-Enrolled.html
ENROLLED 2023 Legislature CS for CS for SB 170, 2nd Engrossed 2023170er 1 2 An act relating to local ordinances; amending s. 3 57.112, F.S.; authorizing courts to assess and award 4 reasonable attorney fees and costs and damages in 5 certain civil actions filed against local governments; 6 specifying a limitation on awards and a restriction on 7 fees and costs of certain litigation; providing 8 construction and applicability; amending s. 125.66, 9 F.S.; providing certain procedures for continued 10 meetings on proposed ordinances and resolutions for 11 counties; providing for construction and retroactive 12 application; requiring a board of county commissioners 13 to prepare or cause to be prepared a business impact 14 estimate before the enactment of a proposed ordinance; 15 specifying requirements for the posting and content of 16 the estimate; providing construction and 17 applicability; creating s. 125.675, F.S.; requiring a 18 county to suspend enforcement of an ordinance that is 19 the subject of a certain legal action if certain 20 conditions are met; authorizing a prevailing county to 21 enforce the ordinance after a specified period, except 22 under certain circumstances; requiring courts to give 23 priority to certain cases; providing construction 24 relating to an attorney’s or a party’s signature; 25 requiring a court to impose sanctions under certain 26 circumstances; providing applicability; authorizing 27 courts to award attorney fees and costs and damages if 28 certain conditions are met; amending s. 166.041, F.S.; 29 providing certain procedures for continued meetings on 30 proposed ordinances for municipalities; providing for 31 construction and retroactive application; requiring a 32 governing body of a municipality to prepare or cause 33 to be prepared a business impact estimate before the 34 enactment of a proposed ordinance; specifying 35 requirements for the posting and content of the 36 estimate; providing construction and applicability; 37 creating s. 166.0411, F.S.; requiring a municipality 38 to suspend enforcement of an ordinance that is the 39 subject of a certain legal action if certain 40 conditions are met; authorizing a prevailing 41 municipality to enforce the ordinance after a 42 specified period, except under certain circumstances; 43 requiring courts to give priority to certain cases; 44 providing construction relating to an attorney’s or a 45 party’s signature; requiring a court to impose 46 sanctions under certain circumstances; providing 47 applicability; authorizing courts to award attorney 48 fees and costs and damages if certain conditions are 49 met; amending ss. 163.2517, 163.3181, 163.3215, 50 376.80, 497.270, 562.45, and 847.0134, F.S.; 51 conforming cross-references and making technical 52 changes; providing a declaration of important state 53 interest; providing effective dates. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. Section 57.112, Florida Statutes, is amended to 58 read: 59 57.112 Attorney fees and costs and damages; arbitrary, 60 unreasonable, or expressly preempted local ordinancesactions.— 61 (1) As used in this section, the term “attorney fees and 62 costs” means the reasonable and necessary attorney fees and 63 costs incurred for all preparations, motions, hearings, trials, 64 and appeals in a proceeding. 65 (2) If a civil action is filed against a local government 66 to challenge the adoption or enforcement of a local ordinance on 67 the grounds that it is expressly preempted by the State 68 Constitution or by state law, the court shall assess and award 69 reasonable attorney fees and costs and damages to the prevailing 70 party. 71 (3) If a civil action is filed against a local government 72 to challenge the adoption of a local ordinance on the grounds 73 that the ordinance is arbitrary or unreasonable, the court may 74 assess and award reasonable attorney fees and costs and damages 75 to a prevailing plaintiff. An award of reasonable attorney fees 76 or costs and damages pursuant to this subsection may not exceed 77 $50,000. In addition, a prevailing plaintiff may not recover any 78 attorney fees or costs directly incurred by or associated with 79 litigation to determine an award of reasonable attorney fees or 80 costs. 81 (4) Attorney fees and costs and damages may not be awarded 82 pursuant to this section if: 83 (a) The governing body of a local governmental entity 84 receives written notice that an ordinance that has been publicly 85 noticed or adopted is expressly preempted by the State 86 Constitution or state law or is arbitrary or unreasonable; and 87 (b) The governing body of the local governmental entity 88 withdraws the proposed ordinance within 30 days; or, in the case 89 of an adopted ordinance, the governing body of a local 90 government notices an intent to repeal the ordinance within 30 91 days afterofreceipt of the notice and repeals the ordinance 92 within 30 days thereafter. 93 (5)(4)The provisions in this section are supplemental to 94 all other sanctions or remedies available under law or court 95 rule. However, this section may not be construed to authorize 96 double recovery if an affected person prevails on a claim 97 brought against a local government pursuant to other applicable 98 law involving the same ordinance, operative acts, or 99 transactions. 100 (6)(5)This section does not apply to local ordinances 101 adopted pursuant to part II of chapter 163, s. 553.73, or s. 102 633.202. 103 (7)(a)(6)Except as provided in paragraph (b), this section 104 is intended to be prospective in nature and appliesshallapply105 only to cases commenced on or after July 1, 2019. 106 (b) The amendments to this section effective October 1, 107 2023, are prospective in nature and apply only to ordinances 108 adopted on or after October 1, 2023. 109 (c) An amendment to an ordinance enacted after October 1, 110 2023, gives rise to a claim under this section only to the 111 extent that the application of the amendatory language is the 112 cause of the claim apart from the ordinance being amended. 113 Section 2. Effective upon becoming a law, subsection (7) is 114 added to section 125.66, Florida Statutes, to read: 115 125.66 Ordinances; enactment procedure; emergency 116 ordinances; rezoning or change of land use ordinances or 117 resolutions.— 118 (7) Consideration of the proposed county ordinance or 119 county resolution at a properly noticed meeting may be continued 120 to a subsequent meeting if, at the scheduled meeting, the date, 121 time, and place of the subsequent meeting is publicly stated. No 122 further publication, mailing, or posted notice as required under 123 this section is required, except that the continued 124 consideration must be listed in an agenda or similar 125 communication produced for the subsequent meeting. This 126 subsection is remedial in nature, is intended to clarify 127 existing law, and shall apply retroactively. 128 Section 3. Present subsections (3) through (7) of section 129 125.66, Florida Statutes, as amended by this act, are 130 redesignated as subsections (4) through (8), respectively, a new 131 subsection (3) is added to that section, and paragraph (a) of 132 subsection (2) of that section is amended, to read: 133 125.66 Ordinances; enactment procedure; emergency 134 ordinances; rezoning or change of land use ordinances or 135 resolutions.— 136 (2)(a) The regular enactment procedure isshall beas 137 follows: The board of county commissioners at any regular or 138 special meeting may enact or amend any ordinance, except as 139 provided in subsection (5)(4), if notice of intent to consider 140 such ordinance is given at least 10 days before such meeting by 141 publication as provided in chapter 50. A copy of such notice 142 mustshallbe kept available for public inspection during the 143 regular business hours of the office of the clerk of the board 144 of county commissioners. The notice of proposed enactment must 145shallstate the date, time, and place of the meeting; the title 146 or titles of proposed ordinances; and the place or places within 147 the county where such proposed ordinances may be inspected by 148 the public. The notice mustshallalso advise that interested 149 parties may appear at the meeting and be heard with respect to 150 the proposed ordinance. 151 (3)(a) Before the enactment of a proposed ordinance, the 152 board of county commissioners shall prepare or cause to be 153 prepared a business impact estimate in accordance with this 154 subsection. The business impact estimate must be posted on the 155 county’s website no later than the date the notice of proposed 156 enactment is published pursuant to paragraph (2)(a) and must 157 include all of the following: 158 1. A summary of the proposed ordinance, including a 159 statement of the public purpose to be served by the proposed 160 ordinance, such as serving the public health, safety, morals, 161 and welfare of the county. 162 2. An estimate of the direct economic impact of the 163 proposed ordinance on private, for-profit businesses in the 164 county, including the following, if any: 165 a. An estimate of direct compliance costs that businesses 166 may reasonably incur if the ordinance is enacted. 167 b. Identification of any new charge or fee on businesses 168 subject to the proposed ordinance or for which businesses will 169 be financially responsible. 170 c. An estimate of the county’s regulatory costs, including 171 an estimate of revenues from any new charges or fees that will 172 be imposed on businesses to cover such costs. 173 3. A good faith estimate of the number of businesses likely 174 to be impacted by the ordinance. 175 4. Any additional information the board determines may be 176 useful. 177 (b) This subsection may not be construed to require a 178 county to procure an accountant or other financial consultant to 179 prepare the business impact estimate required by this 180 subsection. 181 (c) This subsection does not apply to: 182 1. Ordinances required for compliance with federal or state 183 law or regulation; 184 2. Ordinances relating to the issuance or refinancing of 185 debt; 186 3. Ordinances relating to the adoption of budgets or budget 187 amendments, including revenue sources necessary to fund the 188 budget; 189 4. Ordinances required to implement a contract or an 190 agreement, including, but not limited to, any federal, state, 191 local, or private grant, or other financial assistance accepted 192 by a county government; 193 5. Emergency ordinances; 194 6. Ordinances relating to procurement; or 195 7. Ordinances enacted to implement the following: 196 a. Part II of chapter 163, relating to growth policy, 197 county and municipal planning, and land development regulation, 198 including zoning, development orders, development agreements, 199 and development permits; 200 b. Sections 190.005 and 190.046; 201 c. Section 553.73, relating to the Florida Building Code; 202 or 203 d. Section 633.202, relating to the Florida Fire Prevention 204 Code. 205 Section 4. Section 125.675, Florida Statutes, is created to 206 read: 207 125.675 Legal challenges to certain recently enacted 208 ordinances.— 209 (1) A county must suspend enforcement of an ordinance that 210 is the subject of an action challenging the ordinance’s validity 211 on the grounds that it is expressly preempted by the State 212 Constitution or by state law or is arbitrary or unreasonable if: 213 (a) The action was filed with the court no later than 90 214 days after the adoption of the ordinance; 215 (b) The plaintiff requests suspension in the initial 216 complaint or petition, citing this section; and 217 (c) The county has been served with a copy of the complaint 218 or petition. 219 (2) When the plaintiff appeals a final judgment finding 220 that an ordinance is valid and enforceable, the county may 221 enforce the ordinance 45 days after the entry of the order 222 unless the plaintiff obtains a stay of the lower court’s order. 223 (3) The court shall give cases in which the enforcement of 224 an ordinance is suspended under this section priority over other 225 pending cases and shall render a preliminary or final decision 226 on the validity of the ordinance as expeditiously as possible. 227 (4) The signature of an attorney or a party constitutes a 228 certificate that he or she has read the pleading, motion, or 229 other paper and that, to the best of his or her knowledge, 230 information, and belief formed after reasonable inquiry, it is 231 not interposed for any improper purpose, such as to harass or to 232 cause unnecessary delay, or for economic advantage, competitive 233 reasons, or frivolous purposes or needless increase in the cost 234 of litigation. If a pleading, motion, or other paper is signed 235 in violation of these requirements, the court, upon its own 236 initiative or upon favorably ruling on a party’s motion for 237 sanctions, must impose upon the person who signed it, a 238 represented party, or both, an appropriate sanction, which may 239 include an order to pay to the other party or parties the amount 240 of reasonable expenses incurred because of the filing of the 241 pleading, motion, or other paper, including reasonable attorney 242 fees. 243 (5) This section does not apply to: 244 (a) Ordinances required for compliance with federal or 245 state law or regulation; 246 (b) Ordinances relating to the issuance or refinancing of 247 debt; 248 (c) Ordinances relating to the adoption of budgets or 249 budget amendments, including revenue sources necessary to fund 250 the budget; 251 (d) Ordinances required to implement a contract or an 252 agreement, including, but not limited to, any federal, state, 253 local, or private grant, or other financial assistance accepted 254 by a county government; 255 (e) Emergency ordinances; 256 (f) Ordinances relating to procurement; or 257 (g) Ordinances enacted to implement the following: 258 1. Part II of chapter 163, relating to growth policy, 259 county and municipal planning, and land development regulation, 260 including zoning, development orders, development agreements, 261 and development permits; 262 2. Sections 190.005 and 190.046; 263 3. Section 553.73, relating to the Florida Building Code; 264 or 265 4. Section 633.202, relating to the Florida Fire Prevention 266 Code. 267 (6) The court may award attorney fees and costs and damages 268 as provided in s. 57.112. 269 Section 5. Effective upon becoming a law, paragraph (d) is 270 added to subsection (3) of section 166.041, Florida Statutes, 271 and paragraph (a) of that subsection is amended, to read: 272 166.041 Procedures for adoption of ordinances and 273 resolutions.— 274 (3)(a) Except as provided in paragraphsparagraph(c) and 275 (d), a proposed ordinance may be read by title, or in full, on 276 at least 2 separate days and shall, at least 10 days prior to 277 adoption, be noticed once in a newspaper of general circulation 278 in the municipality. The notice of proposed enactment shall 279 state the date, time, and place of the meeting; the title or 280 titles of proposed ordinances; and the place or places within 281 the municipality where such proposed ordinances may be inspected 282 by the public. The notice shall also advise that interested 283 parties may appear at the meeting and be heard with respect to 284 the proposed ordinance. 285 (d) Consideration of the proposed municipal ordinance at a 286 meeting properly noticed pursuant to this subsection may be 287 continued to a subsequent meeting if, at the meeting, the date, 288 time, and place of the subsequent meeting is publicly stated. No 289 further publication, mailing, or posted notice as required under 290 this subsection is required, except that the continued 291 consideration must be listed in an agenda or similar 292 communication produced for the subsequent meeting. This 293 paragraph is remedial in nature, is intended to clarify existing 294 law, and shall apply retroactively. 295 Section 6. Present subsections (4) through (8) of section 296 166.041, Florida Statutes, are redesignated as subsections (5) 297 through (9), respectively, and a new subsection (4) is added to 298 that section, to read: 299 166.041 Procedures for adoption of ordinances and 300 resolutions.— 301 (4)(a) Before the enactment of a proposed ordinance, the 302 governing body of a municipality shall prepare or cause to be 303 prepared a business impact estimate in accordance with this 304 subsection. The business impact estimate must be posted on the 305 municipality’s website no later than the date the notice of 306 proposed enactment is published pursuant to paragraph (3)(a) and 307 must include all of the following: 308 1. A summary of the proposed ordinance, including a 309 statement of the public purpose to be served by the proposed 310 ordinance, such as serving the public health, safety, morals, 311 and welfare of the municipality. 312 2. An estimate of the direct economic impact of the 313 proposed ordinance on private, for-profit businesses in the 314 municipality, including the following, if any: 315 a. An estimate of direct compliance costs that businesses 316 may reasonably incur if the ordinance is enacted; 317 b. Identification of any new charge or fee on businesses 318 subject to the proposed ordinance, or for which businesses will 319 be financially responsible; and 320 c. An estimate of the municipality’s regulatory costs, 321 including an estimate of revenues from any new charges or fees 322 that will be imposed on businesses to cover such costs. 323 3. A good faith estimate of the number of businesses likely 324 to be impacted by the ordinance. 325 4. Any additional information the governing body determines 326 may be useful. 327 (b) This subsection may not be construed to require a 328 municipality to procure an accountant or other financial 329 consultant to prepare the business impact estimate required by 330 this subsection. 331 (c) This subsection does not apply to: 332 1. Ordinances required for compliance with federal or state 333 law or regulation; 334 2. Ordinances relating to the issuance or refinancing of 335 debt; 336 3. Ordinances relating to the adoption of budgets or budget 337 amendments, including revenue sources necessary to fund the 338 budget; 339 4. Ordinances required to implement a contract or an 340 agreement, including, but not limited to, any federal, state, 341 local, or private grant, or other financial assistance accepted 342 by a municipal government; 343 5. Emergency ordinances; 344 6. Ordinances relating to procurement; or 345 7. Ordinances enacted to implement the following: 346 a. Part II of chapter 163, relating to growth policy, 347 county and municipal planning, and land development regulation, 348 including zoning, development orders, development agreements, 349 and development permits; 350 b. Sections 190.005 and 190.046; 351 c. Section 553.73, relating to the Florida Building Code; 352 or 353 d. Section 633.202, relating to the Florida Fire Prevention 354 Code. 355 Section 7. Section 166.0411, Florida Statutes, is created 356 to read: 357 166.0411 Legal challenges to certain recently enacted 358 ordinances.— 359 (1) A municipality must suspend enforcement of an ordinance 360 that is the subject of an action challenging the ordinance’s 361 validity on the grounds that it is expressly preempted by the 362 State Constitution or by state law or is arbitrary or 363 unreasonable if: 364 (a) The action was filed with the court no later than 90 365 days after the adoption of the ordinance; 366 (b) The plaintiff requests suspension in the initial 367 complaint or petition, citing this section; and 368 (c) The municipality has been served with a copy of the 369 complaint or petition. 370 (2) When the plaintiff appeals a final judgment finding 371 that an ordinance is valid and enforceable, the municipality may 372 enforce the ordinance 45 days after the entry of the order 373 unless the plaintiff obtains a stay of the lower court’s order. 374 (3) The court shall give cases in which the enforcement of 375 an ordinance is suspended under this section priority over other 376 pending cases and shall render a preliminary or final decision 377 on the validity of the ordinance as expeditiously as possible. 378 (4) The signature of an attorney or a party constitutes a 379 certificate that he or she has read the pleading, motion, or 380 other paper and that, to the best of his or her knowledge, 381 information, and belief formed after reasonable inquiry, it is 382 not interposed for any improper purpose, such as to harass or to 383 cause unnecessary delay, or for economic advantage, competitive 384 reasons, or frivolous purposes or needless increase in the cost 385 of litigation. If a pleading, motion, or other paper is signed 386 in violation of these requirements, the court, upon its own 387 initiative or upon favorably ruling on a party’s motion for 388 sanctions, must impose upon the person who signed it, a 389 represented party, or both, an appropriate sanction, which may 390 include an order to pay to the other party or parties the amount 391 of reasonable expenses incurred because of the filing of the 392 pleading, motion, or other paper, including reasonable attorney 393 fees. 394 (5) This section does not apply to: 395 (a) Ordinances required for compliance with federal or 396 state law or regulation; 397 (b) Ordinances relating to the issuance or refinancing of 398 debt; 399 (c) Ordinances relating to the adoption of budgets or 400 budget amendments, including revenue sources necessary to fund 401 the budget; 402 (d) Ordinances required to implement a contract or an 403 agreement, including, but not limited to, any federal, state, 404 local, or private grant, or other financial assistance accepted 405 by a municipal government; 406 (e) Emergency ordinances; 407 (f) Ordinances relating to procurement; or 408 (g) Ordinances enacted to implement the following: 409 1. Part II of chapter 163, relating to growth policy, 410 county and municipal planning, and land development regulation, 411 including zoning, development orders, development agreements, 412 and development permits; 413 2. Sections 190.005 and 190.046; 414 3. Section 553.73, relating to the Florida Building Code; 415 or 416 4. Section 633.202, relating to the Florida Fire Prevention 417 Code. 418 (6) The court may award attorney fees and costs and damages 419 as provided in s. 57.112. 420 Section 8. Subsection (5) of section 163.2517, Florida 421 Statutes, is amended to read: 422 163.2517 Designation of urban infill and redevelopment 423 area.— 424 (5) After the preparation of an urban infill and 425 redevelopment plan or designation of an existing plan, the local 426 government shall adopt the plan by ordinance. Notice for the 427 public hearing on the ordinance must be in the form established 428 in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 429s. 125.66(4)(b)2.for counties. 430 Section 9. Paragraph (a) of subsection (3) of section 431 163.3181, Florida Statutes, is amended to read: 432 163.3181 Public participation in the comprehensive planning 433 process; intent; alternative dispute resolution.— 434 (3) A local government considering undertaking a publicly 435 financed capital improvement project may elect to use the 436 procedures set forth in this subsection for the purpose of 437 allowing public participation in the decision and resolution of 438 disputes. For purposes of this subsection, a publicly financed 439 capital improvement project is a physical structure or 440 structures, the funding for construction, operation, and 441 maintenance of which is financed entirely from public funds. 442 (a) BeforePrior tothe date of a public hearing on the 443 decision on whether to proceed with the proposed project, the 444 local government shall publish public notice of its intent to 445 decide the issue according to the notice procedures described by 446 s. 125.66(5)(b)2.s. 125.66(4)(b)2.for a county or s. 447 166.041(3)(c)2.b. for a municipality. 448 Section 10. Paragraph (a) of subsection (4) of section 449 163.3215, Florida Statutes, is amended to read: 450 163.3215 Standing to enforce local comprehensive plans 451 through development orders.— 452 (4) If a local government elects to adopt or has adopted an 453 ordinance establishing, at a minimum, the requirements listed in 454 this subsection, the sole method by which an aggrieved and 455 adversely affected party may challenge any decision of local 456 government granting or denying an application for a development 457 order, as defined in s. 163.3164, which materially alters the 458 use or density or intensity of use on a particular piece of 459 property, on the basis that it is not consistent with the 460 comprehensive plan adopted under this part, is by an appeal 461 filed by a petition for writ of certiorari filed in circuit 462 court no later than 30 days following rendition of a development 463 order or other written decision of the local government, or when 464 all local administrative appeals, if any, are exhausted, 465 whichever occurs later. An action for injunctive or other relief 466 may be joined with the petition for certiorari. Principles of 467 judicial or administrative res judicata and collateral estoppel 468 apply to these proceedings. Minimum components of the local 469 process are as follows: 470 (a) The local process must make provision for notice of an 471 application for a development order that materially alters the 472 use or density or intensity of use on a particular piece of 473 property, including notice by publication or mailed notice 474 consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 475 166.041(3)(c)2.b. and c.ss. 125.66(4)(b)2. and 3. and476166.041(3)(c)2.b. and c., and must require prominent posting at 477 the job site. The notice must be given within 10 days after the 478 filing of an application for a development order; however, 479 notice under this subsection is not required for an application 480 for a building permit or any other official action of local 481 government which does not materially alter the use or density or 482 intensity of use on a particular piece of property. The notice 483 must clearly delineate that an aggrieved or adversely affected 484 person has the right to request a quasi-judicial hearing before 485 the local government for which the application is made, must 486 explain the conditions precedent to the appeal of any 487 development order ultimately rendered upon the application, and 488 must specify the location where written procedures can be 489 obtained that describe the process, including how to initiate 490 the quasi-judicial process, the timeframes for initiating the 491 process, and the location of the hearing. The process may 492 include an opportunity for an alternative dispute resolution. 493 Section 11. Paragraph (c) of subsection (1) of section 494 376.80, Florida Statutes, is amended to read: 495 376.80 Brownfield program administration process.— 496 (1) The following general procedures apply to brownfield 497 designations: 498 (c) Except as otherwise provided, the following provisions 499 apply to all proposed brownfield area designations: 500 1. Notification to department following adoption.—A local 501 government with jurisdiction over the brownfield area must 502 notify the department, and, if applicable, the local pollution 503 control program under s. 403.182, of its decision to designate a 504 brownfield area for rehabilitation for the purposes of ss. 505 376.77-376.86. The notification must include a resolution 506 adopted by the local government body. The local government shall 507 notify the department, and, if applicable, the local pollution 508 control program under s. 403.182, of the designation within 30 509 days after adoption of the resolution. 510 2. Resolution adoption.—The brownfield area designation 511 must be carried out by a resolution adopted by the 512 jurisdictional local government, which includes a map adequate 513 to clearly delineate exactly which parcels are to be included in 514 the brownfield area or alternatively a less-detailed map 515 accompanied by a detailed legal description of the brownfield 516 area. For municipalities, the governing body shall adopt the 517 resolution in accordance with the procedures outlined in s. 518 166.041, except that the procedures for the public hearings on 519 the proposed resolution must be in the form established in s. 520 166.041(3)(c)2. For counties, the governing body shall adopt the 521 resolution in accordance with the procedures outlined in s. 522 125.66, except that the procedures for the public hearings on 523 the proposed resolution mustshallbe in the form established in 524 s. 125.66(5)(b)s. 125.66(4)(b). 525 3. Right to be removed from proposed brownfield area.—If a 526 property owner within the area proposed for designation by the 527 local government requests in writing to have his or her property 528 removed from the proposed designation, the local government must 529shallgrant the request. 530 4. Notice and public hearing requirements for designation 531 of a proposed brownfield area outside a redevelopment area or by 532 a nongovernmental entity. Compliance with the following 533 provisions is required before designation of a proposed 534 brownfield area under paragraph (2)(a) or paragraph (2)(c): 535 a. At least one of the required public hearings mustshall536 be conducted as closely as is reasonably practicable to the area 537 to be designated to provide an opportunity for public input on 538 the size of the area, the objectives for rehabilitation, job 539 opportunities and economic developments anticipated, 540 neighborhood residents’ considerations, and other relevant local 541 concerns. 542 b. Notice of a public hearing must be made in a newspaper 543 of general circulation in the area, must be made in ethnic 544 newspapers or local community bulletins, must be posted in the 545 affected area, and must be announced at a scheduled meeting of 546 the local governing body before the actual public hearing. 547 Section 12. Paragraph (a) of subsection (3) of section 548 497.270, Florida Statutes, is amended to read: 549 497.270 Minimum acreage; sale or disposition of cemetery 550 lands.— 551 (3)(a) If the property to be sold, conveyed, or disposed of 552 under subsection (2) has been or is being used for the permanent 553 interment of human remains, the applicant for approval of such 554 sale, conveyance, or disposition mustshallcause to be 555 published, at least once a week for 4 consecutive weeks, a 556 notice meeting the standards of publication set forth in s. 557 125.66(5)(b)2.s. 125.66(4)(b)2.The notice mustshalldescribe 558 the property in question and the proposed noncemetery use and 559 mustshalladvise substantially affected persons that they may 560 file a written request for a hearing pursuant to chapter 120, 561 within 14 days after the date of last publication of the notice, 562 with the department if they object to granting the applicant’s 563 request to sell, convey, or dispose of the subject property for 564 noncemetery uses. 565 Section 13. Paragraph (a) of subsection (2) of section 566 562.45, Florida Statutes, is amended to read: 567 562.45 Penalties for violating Beverage Law; local 568 ordinances; prohibiting regulation of certain activities or 569 business transactions; requiring nondiscriminatory treatment; 570 providing exceptions.— 571 (2)(a) Nothing contained in the Beverage Law mayshallbe 572 construed to affect or impair the power or right of any county 573 or incorporated municipality of the state to enact ordinances 574 regulating the hours of business and location of place of 575 business, and prescribing sanitary regulations therefor, of any 576 licensee under the Beverage Law within the county or corporate 577 limits of such municipality. However, except for premises 578 licensed on or before July 1, 1999, and except for locations 579that arelicensed as restaurants, which derive at least 51 580 percent of their gross revenues from the sale of food and 581 nonalcoholic beverages, pursuant to chapter 509, a location for 582 on-premises consumption of alcoholic beverages may not be 583 located within 500 feet of the real property that comprises a 584 public or private elementary school, middle school, or secondary 585 school unless the county or municipality approves the location 586 as promoting the public health, safety, and general welfare of 587 the community under proceedings as provided in s. 125.66(5)s.588125.66(4), for counties, and s. 166.041(3)(c), for 589 municipalities. This restriction mayshallnot, however, be 590 construed to prohibit the issuance of temporary permits to 591 certain nonprofit organizations as provided for in s. 561.422. 592 The division may not issue a change in the series of a license 593 or approve a change of a licensee’s location unless the licensee 594 provides documentation of proper zoning from the appropriate 595 county or municipal zoning authorities. 596 Section 14. Subsection (1) of section 847.0134, Florida 597 Statutes, is amended to read: 598 847.0134 Prohibition of adult entertainment establishment 599 that displays, sells, or distributes materials harmful to minors 600 within 2,500 feet of a school.— 601 (1) Except for those establishments that are legally 602 operating or have been granted a permit from a local government 603 to operate as adult entertainment establishments on or before 604 July 1, 2001, an adult entertainment establishment that sells, 605 rents, loans, distributes, transmits, shows, or exhibits any 606 obscene material, as described in s. 847.0133, or presents live 607 entertainment or a motion picture, slide, or other exhibit that, 608 in whole or in part, depicts nudity, sexual conduct, sexual 609 excitement, sexual battery, sexual bestiality, or 610 sadomasochistic abuse and that is harmful to minors, as 611 described in s. 847.001, may not be located within 2,500 feet of 612 the real property that comprises a public or private elementary 613 school, middle school, or secondary school unless the county or 614 municipality approves the location under proceedings as provided 615 in s. 125.66(5)s. 125.66(4)for counties or s. 166.041(3)(c) 616 for municipalities. 617 Section 15. The Legislature finds and declares that this 618 act fulfills an important state interest. 619 Section 16. Except as otherwise expressly provided in this 620 act and except for this section, which shall take effect upon 621 becoming a law, this act shall take effect October 1, 2023.