Bill Text: FL S0280 | 2022 | Regular Session | Engrossed
Bill Title: Local Ordinances
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2022-03-14 - Died in Messages [S0280 Detail]
Download: Florida-2022-S0280-Engrossed.html
CS for CS for SB 280 First Engrossed
2022280e1
1 A bill to be entitled
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;
7 providing construction and applicability; amending s.
8 125.66, F.S.; requiring a board of county
9 commissioners to prepare or cause to be prepared a
10 business impact estimate before the enactment of a
11 proposed ordinance; specifying requirements for the
12 posting and content of the estimate; providing
13 construction and applicability; creating s. 125.675,
14 F.S.; requiring a county to suspend enforcement of an
15 ordinance that is the subject of a certain legal
16 action if certain conditions are met; authorizing a
17 prevailing county to enforce the ordinance after a
18 specified period, except under certain circumstances;
19 requiring courts to give priority to certain cases;
20 providing construction relating to an attorney’s or a
21 party’s signature; requiring a court to impose
22 sanctions under certain circumstances; providing
23 applicability; authorizing courts to award attorney
24 fees and costs and damages under certain
25 circumstances; amending s. 166.041, F.S.; requiring a
26 governing body of a municipality to prepare or cause
27 to be prepared a business impact estimate before the
28 enactment of a proposed ordinance; specifying
29 requirements for the posting and content of the
30 estimate; providing construction and applicability;
31 creating s. 166.0411, F.S.; requiring a municipality
32 to suspend enforcement of an ordinance that is the
33 subject of a certain legal action if certain
34 conditions are met; authorizing a prevailing
35 municipality to enforce the ordinance after a
36 specified period, except under certain circumstances;
37 requiring courts to give priority to certain cases;
38 providing construction relating to an attorney’s or a
39 party’s signature; requiring a court to impose
40 sanctions under certain circumstances; providing
41 applicability; authorizing courts to award attorney
42 fees and costs and damages under certain
43 circumstances; amending ss. 163.2517, 163.3181,
44 163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.;
45 conforming cross-references; providing a declaration
46 of important state interest; providing an effective
47 date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 57.112, Florida Statutes, is amended to
52 read:
53 57.112 Attorney fees and costs and damages; arbitrary,
54 unreasonable, or expressly preempted local ordinances actions.—
55 (1) As used in this section, the term “attorney fees and
56 costs” means the reasonable and necessary attorney fees and
57 costs incurred for all preparations, motions, hearings, trials,
58 and appeals in a proceeding.
59 (2) If a civil action is filed against a local government
60 to challenge the adoption or enforcement of a local ordinance on
61 the grounds that it is expressly preempted by the State
62 Constitution or by state law, the court shall assess and award
63 reasonable attorney fees and costs and damages to the prevailing
64 party.
65 (3) If a civil action is filed against a local government
66 to challenge the adoption of a local ordinance on the grounds
67 that the ordinance is arbitrary or unreasonable, the court may
68 assess and award reasonable attorney fees and costs and damages
69 to a prevailing plaintiff. An award of reasonable attorney fees
70 or costs and damages pursuant to this subsection may not exceed
71 $50,000. In addition, a prevailing plaintiff may not recover any
72 attorney fees or costs directly incurred or associated with
73 litigation to determine an award of reasonable attorney fees or
74 costs.
75 (4) Attorney fees and costs and damages may not be awarded
76 pursuant to this section if:
77 (a) The governing body of a local governmental entity
78 receives written notice that an ordinance that has been publicly
79 noticed or adopted is expressly preempted by the State
80 Constitution or state law or is arbitrary or unreasonable; and
81 (b) The governing body of the local governmental entity
82 withdraws the proposed ordinance within 30 days; or, in the case
83 of an adopted ordinance, the governing body of a local
84 government notices an intent to repeal the ordinance within 30
85 days of receipt of the notice and repeals the ordinance within
86 30 days thereafter.
87 (5)(4) The provisions in this section are supplemental to
88 all other sanctions or remedies available under law or court
89 rule. However, this section may not be construed to authorize
90 double recovery if an affected person prevails on a damages
91 claim brought against a local government pursuant to other
92 applicable law involving the same ordinance, operative acts, or
93 transactions.
94 (6)(5) This section does not apply to local ordinances
95 adopted pursuant to part II of chapter 163, s. 553.73, or s.
96 633.202.
97 (7)(a)(6) Except as provided in paragraph (b), this section
98 is intended to be prospective in nature and applies shall apply
99 only to cases commenced on or after July 1, 2019.
100 (b) The amendments to this section effective October 1,
101 2022, are prospective in nature and apply only to ordinances
102 adopted on or after October 1, 2022.
103 Section 2. Present subsections (3) through (6) of section
104 125.66, Florida Statutes, are redesignated as subsections (4)
105 through (7), respectively, a new subsection (3) is added to that
106 section, and paragraph (a) of subsection (2) of that section is
107 amended, to read:
108 125.66 Ordinances; enactment procedure; emergency
109 ordinances; rezoning or change of land use ordinances or
110 resolutions.—
111 (2)(a) The regular enactment procedure shall be as follows:
112 The board of county commissioners at any regular or special
113 meeting may enact or amend any ordinance, except as provided in
114 subsection (5) (4), if notice of intent to consider such
115 ordinance is given at least 10 days before such meeting by
116 publication as provided in chapter 50. A copy of such notice
117 shall be kept available for public inspection during the regular
118 business hours of the office of the clerk of the board of county
119 commissioners. The notice of proposed enactment shall state the
120 date, time, and place of the meeting; the title or titles of
121 proposed ordinances; and the place or places within the county
122 where such proposed ordinances may be inspected by the public.
123 The notice shall also advise that interested parties may appear
124 at the meeting and be heard with respect to the proposed
125 ordinance.
126 (3)(a) Before the enactment of a proposed ordinance, the
127 board of county commissioners shall prepare or cause to be
128 prepared a business impact estimate in accordance with this
129 subsection. The business impact estimate must be posted on the
130 county’s website no later than the date the notice of proposed
131 enactment is published pursuant to paragraph (2)(a) and must
132 include all of the following:
133 1. A summary of the proposed ordinance, including a
134 statement of the public purpose to be served by the proposed
135 ordinance, such as serving the public health, safety, morals,
136 and welfare of the county.
137 2. An estimate of the direct economic impact of the
138 proposed ordinance on private for-profit businesses in the
139 county, including the following, if any:
140 a. An estimate of direct compliance costs businesses may
141 reasonably incur if the ordinance is enacted.
142 b. Identification of any new charge or fee on businesses
143 subject to the proposed ordinance or for which businesses will
144 be financially responsible.
145 c. An estimate of the county’s regulatory costs, including
146 an estimate of revenues from any new charges or fees that will
147 be imposed on businesses to cover such costs.
148 3. A good faith estimate of the number of businesses likely
149 to be impacted by the ordinance.
150 4. Any additional information the board determines may be
151 useful.
152 (b) This subsection may not be construed to require a
153 county to procure an accountant or other financial consultant to
154 prepare the business impact estimate required by this
155 subsection.
156 (c) This subsection does not apply to local ordinances
157 enacted to implement the following:
158 1. Part II of chapter 163;
159 2. Section 553.73;
160 3. Section 633.202;
161 4. Sections 190.005 and 190.046;
162 5. Ordinances required to comply with federal or state law
163 or regulation;
164 6. Ordinances related to the issuance or refinancing of
165 debt;
166 7. Ordinances related to the adoption of budgets or budget
167 amendments;
168 8. Ordinances required to implement a contract or an
169 agreement, including, but not limited to, any federal, state,
170 local, or private grant, or other financial assistance accepted
171 by a county government; or
172 9. Emergency ordinances.
173 Section 3. Section 125.675, Florida Statutes, is created to
174 read:
175 125.675 Legal challenges to certain recently enacted
176 ordinances.—
177 (1) A county must suspend enforcement of an ordinance that
178 is the subject of an action challenging the ordinance’s validity
179 on the grounds that it is expressly preempted by the State
180 Constitution or by state law or is arbitrary or unreasonable if:
181 (a) The action was filed with the court no later than 90
182 days after the adoption of the ordinance;
183 (b) The complainant requests suspension in the initial
184 complaint or petition, citing this section; and
185 (c) The county has been served with a copy of the complaint
186 or petition.
187 (2) When the plaintiff appeals a final judgment finding
188 that an ordinance is valid and enforceable, the county may
189 enforce the ordinance 30 days after the entry of the order
190 unless the plaintiff files a motion for a stay of the lower
191 tribunal’s order which is granted by the appellate court.
192 (3) The court shall give cases in which the enforcement of
193 an ordinance is suspended under this section priority over other
194 pending cases and shall render a preliminary or final decision
195 on the validity of the ordinance as expeditiously as possible.
196 (4) The signature of an attorney or a party constitutes a
197 certificate that he or she has read the pleading, motion, or
198 other paper and that, to the best of his or her knowledge,
199 information, and belief formed after reasonable inquiry, it is
200 not interposed for any improper purpose, such as to harass or to
201 cause unnecessary delay, or for economic advantage, competitive
202 reasons, or frivolous purposes or needless increase in the cost
203 of litigation. If a pleading, motion, or other paper is signed
204 in violation of these requirements, the court, upon its own
205 initiative, shall impose upon the person who signed it, a
206 represented party, or both, an appropriate sanction, which may
207 include an order to pay to the other party or parties the amount
208 of reasonable expenses incurred because of the filing of the
209 pleading, motion, or other paper, including reasonable attorney
210 fees.
211 (5) This section does not apply to local ordinances enacted
212 to implement the following:
213 (a) Part II of chapter 163;
214 (b) Section 553.73;
215 (c) Section 633.202;
216 (d) Sections 190.005 and 190.046;
217 (e) Ordinances required to comply with federal or state law
218 or regulation;
219 (f) Ordinances related to the issuance or refinancing of
220 debt;
221 (g) Ordinances related to the adoption of budgets or budget
222 amendments;
223 (h) Ordinances required to implement a contract or an
224 agreement, including, but not limited to, any federal, state,
225 local, or private grant, or other financial assistance accepted
226 by a county government; or
227 (i) Emergency ordinances.
228 (6) The court may award attorney fees and costs and damages
229 as provided in s. 57.112.
230 Section 4. Present subsections (4) through (8) of section
231 166.041, Florida Statutes, are redesignated as subsections (5)
232 through (9), respectively, and a new subsection (4) is added to
233 that section, to read:
234 166.041 Procedures for adoption of ordinances and
235 resolutions.—
236 (4)(a) Before the enactment of a proposed ordinance, the
237 governing body of a municipality shall prepare or cause to be
238 prepared a business impact estimate in accordance with this
239 subsection. The business impact estimate must be posted on the
240 municipality’s website no later than the date the notice of
241 proposed enactment is published pursuant to paragraph (3)(a) and
242 must include all of the following:
243 1. A summary of the proposed ordinance, including a
244 statement of the public purpose to be served by the proposed
245 ordinance, such as serving the public health, safety, morals,
246 and welfare of the municipality.
247 2. An estimate of the direct economic impact of the
248 proposed ordinance on private for-profit businesses in the
249 municipality, including the following, if any:
250 a. An estimate of direct compliance costs businesses may
251 reasonably incur if the ordinance is enacted;
252 b. Identification of any new charge or fee on businesses
253 subject to the proposed ordinance, or for which businesses will
254 be financially responsible; and
255 c. An estimate of the municipality’s regulatory costs,
256 including an estimate of revenues from any new charges or fees
257 that will be imposed on businesses to cover such costs.
258 3. A good faith estimate of the number of businesses likely
259 to be impacted by the ordinance.
260 4. Any additional information the governing body determines
261 may be useful.
262 (b) This subsection may not be construed to require a
263 municipality to procure an accountant or other financial
264 consultant to prepare the business impact estimate required by
265 this subsection.
266 (c) This subsection does not apply to local ordinances
267 enacted to implement the following:
268 1. Part II of chapter 163;
269 2. Section 553.73;
270 3. Section 633.202;
271 4. Sections 190.005 and 190.046;
272 5. Ordinances required to comply with federal or state law
273 or regulation;
274 6. Ordinances related to the issuance or refinancing of
275 debt;
276 7. Ordinances related to the adoption of budgets or budget
277 amendments;
278 8. Ordinances required to implement a contract or an
279 agreement, including, but not limited to, any federal, state,
280 local, or private grant, or other financial assistance accepted
281 by a local government; or
282 9. Emergency ordinances.
283 Section 5. Section 166.0411, Florida Statutes, is created
284 to read:
285 166.0411 Legal challenges to certain recently enacted
286 ordinances.—
287 (1) A municipality must suspend enforcement of an ordinance
288 that is the subject of an action challenging the ordinance’s
289 validity on the grounds that it is expressly preempted by the
290 State Constitution or by state law or is arbitrary or
291 unreasonable if:
292 (a) The action was filed with the court no later than 90
293 days after the adoption of the ordinance;
294 (b) The complainant requests suspension in the initial
295 complaint or petition, citing this section; and
296 (c) The municipality has been served with a copy of the
297 complaint or petition.
298 (2) When the plaintiff appeals a final judgment finding
299 that an ordinance is valid and enforceable, the municipality may
300 enforce the ordinance 30 days after the entry of the order
301 unless the plaintiff files a motion for a stay of the lower
302 tribunal’s order which is granted by the appellate court.
303 (3) The court shall give cases in which the enforcement of
304 an ordinance is suspended under this section priority over other
305 pending cases and shall render a preliminary or final decision
306 on the validity of the ordinance as expeditiously as possible.
307 (4) The signature of an attorney or a party constitutes a
308 certificate that he or she has read the pleading, motion, or
309 other paper and that, to the best of his or her knowledge,
310 information, and belief formed after reasonable inquiry, it is
311 not interposed for any improper purpose, such as to harass or to
312 cause unnecessary delay, or for economic advantage, competitive
313 reasons, or frivolous purposes or needless increase in the cost
314 of litigation. If a pleading, motion, or other paper is signed
315 in violation of these requirements, the court, upon its own
316 initiative, shall impose upon the person who signed it, a
317 represented party, or both, an appropriate sanction, which may
318 include an order to pay to the other party or parties the amount
319 of reasonable expenses incurred because of the filing of the
320 pleading, motion, or other paper, including reasonable attorney
321 fees.
322 (5) This section does not apply to local ordinances enacted
323 to implement the following:
324 (a) Part II of chapter 163;
325 (b) Section 553.73;
326 (c) Section 633.202;
327 (d) Sections 190.005 and 190.046;
328 (e) Ordinances required to comply with federal or state law
329 or regulation;
330 (f) Ordinances related to the issuance or refinancing of
331 debt;
332 (g) Ordinances related to the adoption of budgets or budget
333 amendments;
334 (h) Ordinances required to implement a contract or an
335 agreement, including, but not limited to, any federal, state,
336 local, or private grant, or other financial assistance accepted
337 by a municipal government; or
338 (i) Emergency ordinances.
339 (6) The court may award attorney fees and costs and damages
340 as provided in s. 57.112.
341 Section 6. Subsection (5) of section 163.2517, Florida
342 Statutes, is amended to read:
343 163.2517 Designation of urban infill and redevelopment
344 area.—
345 (5) After the preparation of an urban infill and
346 redevelopment plan or designation of an existing plan, the local
347 government shall adopt the plan by ordinance. Notice for the
348 public hearing on the ordinance must be in the form established
349 in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
350 s. 125.66(4)(b)2. for counties.
351 Section 7. Paragraph (a) of subsection (3) of section
352 163.3181, Florida Statutes, is amended to read:
353 163.3181 Public participation in the comprehensive planning
354 process; intent; alternative dispute resolution.—
355 (3) A local government considering undertaking a publicly
356 financed capital improvement project may elect to use the
357 procedures set forth in this subsection for the purpose of
358 allowing public participation in the decision and resolution of
359 disputes. For purposes of this subsection, a publicly financed
360 capital improvement project is a physical structure or
361 structures, the funding for construction, operation, and
362 maintenance of which is financed entirely from public funds.
363 (a) Prior to the date of a public hearing on the decision
364 on whether to proceed with the proposed project, the local
365 government shall publish public notice of its intent to decide
366 the issue according to the notice procedures described by s.
367 125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
368 166.041(3)(c)2.b. for a municipality.
369 Section 8. Paragraph (a) of subsection (4) of section
370 163.3215, Florida Statutes, is amended to read:
371 163.3215 Standing to enforce local comprehensive plans
372 through development orders.—
373 (4) If a local government elects to adopt or has adopted an
374 ordinance establishing, at a minimum, the requirements listed in
375 this subsection, the sole method by which an aggrieved and
376 adversely affected party may challenge any decision of local
377 government granting or denying an application for a development
378 order, as defined in s. 163.3164, which materially alters the
379 use or density or intensity of use on a particular piece of
380 property, on the basis that it is not consistent with the
381 comprehensive plan adopted under this part, is by an appeal
382 filed by a petition for writ of certiorari filed in circuit
383 court no later than 30 days following rendition of a development
384 order or other written decision of the local government, or when
385 all local administrative appeals, if any, are exhausted,
386 whichever occurs later. An action for injunctive or other relief
387 may be joined with the petition for certiorari. Principles of
388 judicial or administrative res judicata and collateral estoppel
389 apply to these proceedings. Minimum components of the local
390 process are as follows:
391 (a) The local process must make provision for notice of an
392 application for a development order that materially alters the
393 use or density or intensity of use on a particular piece of
394 property, including notice by publication or mailed notice
395 consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
396 166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
397 166.041(3)(c)2.b. and c., and must require prominent posting at
398 the job site. The notice must be given within 10 days after the
399 filing of an application for a development order; however,
400 notice under this subsection is not required for an application
401 for a building permit or any other official action of local
402 government which does not materially alter the use or density or
403 intensity of use on a particular piece of property. The notice
404 must clearly delineate that an aggrieved or adversely affected
405 person has the right to request a quasi-judicial hearing before
406 the local government for which the application is made, must
407 explain the conditions precedent to the appeal of any
408 development order ultimately rendered upon the application, and
409 must specify the location where written procedures can be
410 obtained that describe the process, including how to initiate
411 the quasi-judicial process, the timeframes for initiating the
412 process, and the location of the hearing. The process may
413 include an opportunity for an alternative dispute resolution.
414 Section 9. Paragraph (c) of subsection (1) of section
415 376.80, Florida Statutes, is amended to read:
416 376.80 Brownfield program administration process.—
417 (1) The following general procedures apply to brownfield
418 designations:
419 (c) Except as otherwise provided, the following provisions
420 apply to all proposed brownfield area designations:
421 1. Notification to department following adoption.—A local
422 government with jurisdiction over the brownfield area must
423 notify the department, and, if applicable, the local pollution
424 control program under s. 403.182, of its decision to designate a
425 brownfield area for rehabilitation for the purposes of ss.
426 376.77-376.86. The notification must include a resolution
427 adopted by the local government body. The local government shall
428 notify the department, and, if applicable, the local pollution
429 control program under s. 403.182, of the designation within 30
430 days after adoption of the resolution.
431 2. Resolution adoption.—The brownfield area designation
432 must be carried out by a resolution adopted by the
433 jurisdictional local government, which includes a map adequate
434 to clearly delineate exactly which parcels are to be included in
435 the brownfield area or alternatively a less-detailed map
436 accompanied by a detailed legal description of the brownfield
437 area. For municipalities, the governing body shall adopt the
438 resolution in accordance with the procedures outlined in s.
439 166.041, except that the procedures for the public hearings on
440 the proposed resolution must be in the form established in s.
441 166.041(3)(c)2. For counties, the governing body shall adopt the
442 resolution in accordance with the procedures outlined in s.
443 125.66, except that the procedures for the public hearings on
444 the proposed resolution shall be in the form established in s.
445 125.66(5)(b) s. 125.66(4)(b).
446 3. Right to be removed from proposed brownfield area.—If a
447 property owner within the area proposed for designation by the
448 local government requests in writing to have his or her property
449 removed from the proposed designation, the local government
450 shall grant the request.
451 4. Notice and public hearing requirements for designation
452 of a proposed brownfield area outside a redevelopment area or by
453 a nongovernmental entity. Compliance with the following
454 provisions is required before designation of a proposed
455 brownfield area under paragraph (2)(a) or paragraph (2)(c):
456 a. At least one of the required public hearings shall be
457 conducted as closely as is reasonably practicable to the area to
458 be designated to provide an opportunity for public input on the
459 size of the area, the objectives for rehabilitation, job
460 opportunities and economic developments anticipated,
461 neighborhood residents’ considerations, and other relevant local
462 concerns.
463 b. Notice of a public hearing must be made in a newspaper
464 of general circulation in the area, must be made in ethnic
465 newspapers or local community bulletins, must be posted in the
466 affected area, and must be announced at a scheduled meeting of
467 the local governing body before the actual public hearing.
468 Section 10. Paragraph (a) of subsection (3) of section
469 497.270, Florida Statutes, is amended to read:
470 497.270 Minimum acreage; sale or disposition of cemetery
471 lands.—
472 (3)(a) If the property to be sold, conveyed, or disposed of
473 under subsection (2) has been or is being used for the permanent
474 interment of human remains, the applicant for approval of such
475 sale, conveyance, or disposition shall cause to be published, at
476 least once a week for 4 consecutive weeks, a notice meeting the
477 standards of publication set forth in s. 125.66(5)(b)2. s.
478 125.66(4)(b)2. The notice shall describe the property in
479 question and the proposed noncemetery use and shall advise
480 substantially affected persons that they may file a written
481 request for a hearing pursuant to chapter 120, within 14 days
482 after the date of last publication of the notice, with the
483 department if they object to granting the applicant’s request to
484 sell, convey, or dispose of the subject property for noncemetery
485 uses.
486 Section 11. Paragraph (a) of subsection (2) of section
487 562.45, Florida Statutes, is amended to read:
488 562.45 Penalties for violating Beverage Law; local
489 ordinances; prohibiting regulation of certain activities or
490 business transactions; requiring nondiscriminatory treatment;
491 providing exceptions.—
492 (2)(a) Nothing contained in the Beverage Law shall be
493 construed to affect or impair the power or right of any county
494 or incorporated municipality of the state to enact ordinances
495 regulating the hours of business and location of place of
496 business, and prescribing sanitary regulations therefor, of any
497 licensee under the Beverage Law within the county or corporate
498 limits of such municipality. However, except for premises
499 licensed on or before July 1, 1999, and except for locations
500 that are licensed as restaurants, which derive at least 51
501 percent of their gross revenues from the sale of food and
502 nonalcoholic beverages, pursuant to chapter 509, a location for
503 on-premises consumption of alcoholic beverages may not be
504 located within 500 feet of the real property that comprises a
505 public or private elementary school, middle school, or secondary
506 school unless the county or municipality approves the location
507 as promoting the public health, safety, and general welfare of
508 the community under proceedings as provided in s. 125.66(5) s.
509 125.66(4), for counties, and s. 166.041(3)(c), for
510 municipalities. This restriction shall not, however, be
511 construed to prohibit the issuance of temporary permits to
512 certain nonprofit organizations as provided for in s. 561.422.
513 The division may not issue a change in the series of a license
514 or approve a change of a licensee’s location unless the licensee
515 provides documentation of proper zoning from the appropriate
516 county or municipal zoning authorities.
517 Section 12. Subsection (1) of section 847.0134, Florida
518 Statutes, is amended to read:
519 847.0134 Prohibition of adult entertainment establishment
520 that displays, sells, or distributes materials harmful to minors
521 within 2,500 feet of a school.—
522 (1) Except for those establishments that are legally
523 operating or have been granted a permit from a local government
524 to operate as adult entertainment establishments on or before
525 July 1, 2001, an adult entertainment establishment that sells,
526 rents, loans, distributes, transmits, shows, or exhibits any
527 obscene material, as described in s. 847.0133, or presents live
528 entertainment or a motion picture, slide, or other exhibit that,
529 in whole or in part, depicts nudity, sexual conduct, sexual
530 excitement, sexual battery, sexual bestiality, or
531 sadomasochistic abuse and that is harmful to minors, as
532 described in s. 847.001, may not be located within 2,500 feet of
533 the real property that comprises a public or private elementary
534 school, middle school, or secondary school unless the county or
535 municipality approves the location under proceedings as provided
536 in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
537 for municipalities.
538 Section 13. The Legislature finds and declares that this
539 act fulfills an important state interest.
540 Section 14. This act shall take effect October 1, 2022.
