HB 403 — Local Ordinances

(a) The governing body of a local governmental entity receives written notice that an ordinance that has been publicly noticed or adopted is expressly preempted by the State Constitution or state law, is arbitrary or unreasonable, or is otherwise prohibited by law;

(5)(4) The provisions in this section are supplemental to all other sanctions or remedies available under law or court Pagerule. 3of 18 CODING:

WordsHowever, strickenarethis deletions;section may not be construed to authorize double recovery if an affected person prevails on a damages claim brought against a local government pursuant to other applicable law involving the same ordinance, operative acts, or transactions.

words underlined are additions.

hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 rule.

(7)(6)(7)(a)(6) SubsectionsExcept (1),as (2),provided (4),in (5),paragraph and(b), (6)this are This section is intended to be prospective in nature and applies shall apply only to cases commenced on or after July 1, 2019.

SubsectionPage (3)4of is22 intendedCODING: to be prospective in nature and applies only to cases commenced on or after October 1, 2022.

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words underlined are additions.

hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 (b) The amendments to this section effective October 1, 2022, are prospective in nature and apply only to ordinances adopted on or after October 1, 2022.

A copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the board of county Pagecommissioners. 4of 18 CODING:

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words underlined are additions.

hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 commissioners.

The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.Page 5of 22 CODING:

(3)(a)Words Beforestrickenare thedeletions; adoption of each proposed ordinance, the board of county commissioners shall prepare a business impact statement in accordance with this subsection.

Thewords businessunderlined impactare statementadditions. must be posted on the county's website on the same day the notice of proposed enactment is published pursuant to paragraph (2)(a) and must include:

hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 ordinance.

(3)(a) Before the enactment of a proposed ordinance, the board of county commissioners shall prepare or cause to be prepared a business impact estimate in accordance with this subsection.

The business impact estimate must be posted on the county's website no later than the date the notice of proposed enactment is published pursuant to paragraph (2)(a) and must include all of the following:

A summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, ormorals, and welfare of the county;county.

AAn statementestimate of the reasonabledirect connectioneconomic betweenimpact of the publicproposed purposeordinance andon theprivate expectedfor-profit effectsbusinesses ofin the ordinance;county, including the following, if any:

a.

An estimate of direct compliance costs businesses may reasonably incur if the ordinance is enacted.

b.

Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible.

c.

An estimate of the county's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs.

TheA estimatedgood economicfaith effectestimate of the proposednumber ordinanceof on businesses bothlikely withinto andbe outsideimpacted by the county,ordinance. including both adverse and beneficial effects and both direct and indirect effects;

4.Page 6of 22 CODING:

A good faith estimate of the number of businesses likely to be affected by the ordinance;

5.

An analysis of the extent to which the proposed Page 5of 18 CODING:

hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 ordinance4. is likely to deter or encourage the formation of new businesses within the county's jurisdiction;

Any additional information the board determines may be useful.

(b) This subsection may not be construed to require a county to procure an accountant or other financial consultant to prepare the business impact estimate required by this subsection.

(c) This subsection does not apply to local ordinances enacted to implement the following:

1.

Part II of chapter 163;

2.

Section 553.73;

3.

Section 633.202;

4.

Sections 190.005 and 190.046;

5.

Ordinances required to comply with federal or state law or regulation;

AnOrdinances analysisrelated of the extent to which the proposedissuance ordinanceor willrefinancing impede the ability of businessesdebt; within the county to compete with other businesses in other areas of this state or other domestic markets;

IfOrdinances applicable,related to the scientificadoption basisof forbudgets theor proposedbudget ordinance;amendments;

AlternativesOrdinances consideredrequired byto theimplement countya whichcontract wouldor reducean theagreement, impactincluding, ofbut thenot proposedlimited ordinanceto, onany businesses;federal, state, local, or private grant, or other financial assistance accepted by a county government;

andor 9.

AnyEmergency additionalordinances. information the board determines may be useful.

(b) This subsection does not apply to an emergency ordinance enacted pursuant to this section.

125.675Page Legal7of challenges22 toCODING: certain recently enacted ordinances.— (1) A county must suspend enforcement of an ordinance that is the subject of an action, including appeals, challenging the ordinance's validity on the grounds that it is preempted by the State Constitution or by state law, is arbitrary or unreasonable, or is otherwise prohibited by law, if:

(a) The action was filed with the court no later than 20 days after the effective date of the ordinance;

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hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 (b)125.675 TheLegal plaintiffchallenges orto petitionercertain requestsrecently suspensionenacted inordinances.— (1) A county must suspend enforcement of an ordinance that is the initialsubject complaintof an action challenging the ordinance's validity on the grounds that it is expressly preempted by the State Constitution or petition,by citingstate thislaw section;or is arbitrary or unreasonable if:

(a) The action was filed with the court no later than 90 days after the adoption of the ordinance;

(b) The complainant requests suspension in the initial complaint or petition, citing this section;

(2) TheWhen courtthe shallplaintiff giveappeals casesa infinal whichjudgment thefinding enforcementthat of an ordinance is suspendedvalid underand thisenforceable, sectionthe prioritycounty overmay otherenforce pendingthe casesordinance and30 shalldays renderafter athe preliminaryentry orof finalthe decisionorder onunless the validityplaintiff files a motion for a stay of the ordinancelower astribunal's expeditiouslyorder aswhich possible.is granted by the appellate court.

(3) InThe determiningcourt whethershall give cases in which the enforcement of an ordinance is arbitrarysuspended orunder unreasonable,this thesection courtpriority over other pending cases and shall consider,render buta ispreliminary notor limitedfinal to,decision on the followingvalidity factors:of the ordinance as expeditiously as possible.

(a)(4) The extentsignature toof whichan theattorney ordinanceor protectsa party constitutes a certificate that he or she has read the health,pleading, welfare,motion, safety,or andother qualitypaper ofand lifethat, ofto the residentsbest of thehis county;or her knowledge, information, and belief formed after reasonable inquiry, it is Page 8of 22 CODING:

(b)Words Thestrickenare impactdeletions; of the ordinance on the personal rights and privileges of the residents of the county;

(c)words Theunderlined totalare economicadditions. impact of the ordinance;

andhb0403-01-c1 (d)F TheL businessO impactR statementI preparedD byA theH countyO U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 not interposed for any improper purpose, such as requiredto byharass s.or to cause unnecessary delay, or for economic advantage, competitive reasons, or frivolous purposes or needless increase in the cost of litigation.

125.66(3).If a pleading, motion, or other paper is signed in violation of these requirements, the court, upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorney fees.

(4)(5) This section does not apply to anlocal emergencyordinances ordinanceenacted orto animplement ordinancethe governedfollowing: by part II of chapter 163, s.

553.73,(a) orPart s.II of chapter 163;

633.202.(b) Section 553.73;

(5)(c) TheSection court633.202; may award attorney fees and costs as provided in s.

(d) Sections 190.005 and 190.046;

(e) Ordinances required to comply with federal or state law or regulation;

(f) Ordinances related to the issuance or refinancing of debt;

(g) Ordinances related to the adoption of budgets or budget amendments;

(h) Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, Page 9of 22 CODING:

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words underlined are additions.

hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 local, or private grant, or other financial assistance accepted by a county government;

or (i) Emergency ordinances.

(6) The court may award attorney fees and costs and damages as provided in s.

Present subsections (4) through (8) of section Page166.041, 7ofFlorida 18Statutes, CODING:are redesignated as subsections (5) through (9), respectively, and a new subsection (4) is added to that section, to read:

166.041 Procedures for adoption of ordinances and resolutions.— (4)(a) Before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a business impact estimate in accordance with this subsection.

The business impact estimate must be posted on the municipality's website no later than the date the notice of proposed enactment is published pursuant to paragraph (3)(a) and must include all of the following:

1.

A summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as serving the public health, safety, morals, and welfare of the municipality.

2.

An estimate of the direct economic impact of the proposed ordinance on private for-profit businesses in the municipality, including the following, if any:

Page 10 of22 CODING:

hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 166.041,a. Florida Statutes, are redesignated as subsections (5) through (9), respectively, and a new subsection (4) is added to that section, to read:

166.041An Proceduresestimate for adoption of ordinancesdirect andcompliance resolutions.—costs (4)(a)businesses Beforemay thereasonably adoptionincur ofif each proposed ordinance, the governingordinance bodyis ofenacted; a municipality shall prepare a business impact statement in accordance with this subsection.

Theb. business impact statement must be posted on the municipality's website on the same day the notice of proposed enactment is published pursuant to paragraph (3)(a) and must include:

Identification of any new charge or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible;

and c.

An estimate of the municipality's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs.

3.

A good faith estimate of the number of businesses likely to be impacted by the ordinance.

4.

Any additional information the governing body determines may be useful.

(b) This subsection may not be construed to require a municipality to procure an accountant or other financial consultant to prepare the business impact estimate required by this subsection.

(c) This subsection does not apply to local ordinances enacted to implement the following:

APart statementII of thechapter public163; purpose to be served by the proposed ordinance, such as serving the public health, safety, or welfare of the municipality;

ASection statement553.73; of the reasonable connection between the public purpose and the expected effects of the ordinance;

TheSection estimated633.202; economic effect of the proposed ordinance on businesses both within and outside the municipality, including both adverse and beneficial effects and both direct and indirect effects;

ASections good190.005 faithand estimate190.046; of the number of businesses likely to be affected by the ordinance;

AnOrdinances analysisrequired of the extent to whichcomply thewith proposedfederal ordinanceor isstate likelylaw to deter or encourageregulation; the formation of new businesses within the municipality's jurisdiction;

Page6. 8of 18 CODING:

Ordinances related to the issuance or refinancing of Page 11 of22 CODING:

hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 6.debt;

An analysis of the extent to which the proposed ordinance will impede the ability of businesses within the municipality to compete with other businesses in other areas of this state or other domestic markets;

IfOrdinances applicable,related to the scientificadoption basisof forbudgets theor proposedbudget ordinance;amendments;

AlternativesOrdinances consideredrequired byto theimplement municipalitya whichcontract wouldor reducean theagreement, impactincluding, ofbut thenot proposedlimited ordinanceto, onany businesses;federal, state, local, or private grant, or other financial assistance accepted by a local government;

andor 9.

AnyEmergency additionalordinances. information the governing body determines may be useful.

(b) This subsection does not apply to an emergency ordinance enacted pursuant to this section.

166.0411 Legal challenges to certain recently enacted ordinances.— (1) A municipality must suspend enforcement of an ordinance that is the subject of an action,action including appeals, challenging the ordinance's validity on the grounds that it is expressly preempted by the State Constitution or by state law,law or is arbitrary or unreasonable,unreasonable or is otherwise prohibited by law, if:

(a) The action was filed with the court no later than 2090 days after the effectiveadoption date of the ordinance;

(b) The plaintiffcomplainant or petitioner requests suspension in the Pageinitial 9ofcomplaint 18or CODING:petition, citing this section;

and (c) The municipality has been served with a copy of the complaint or petition.

(2) When the plaintiff appeals a final judgment finding that an ordinance is valid and enforceable, the municipality may Page 12 of22 CODING:

hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 initialenforce complaintthe orordinance petition,30 citingdays thisafter section;the entry of the order unless the plaintiff files a motion for a stay of the lower tribunal's order which is granted by the appellate court.

and(3) (c) The municipalitycourt hasshall beengive servedcases within which the enforcement of an ordinance is suspended under this section priority over other pending cases and shall render a copypreliminary or final decision on the validity of the complaintordinance oras petition.expeditiously as possible.

(2)(4) The courtsignature shallof givean casesattorney inor whicha party constitutes a certificate that he or she has read the enforcementpleading, motion, or other paper and that, to the best of anhis ordinanceor her knowledge, information, and belief formed after reasonable inquiry, it is suspendednot underinterposed thisfor sectionany priorityimproper overpurpose, othersuch pendingas casesto andharass shallor renderto acause preliminaryunnecessary delay, or finalfor decisioneconomic onadvantage, thecompetitive validityreasons, ofor thefrivolous ordinancepurposes asor expeditiouslyneedless asincrease possible.in the cost of litigation.

(3)If Ina determiningpleading, whethermotion, anor ordinanceother paper is arbitrarysigned orin unreasonable,violation of these requirements, the courtcourt, upon its own initiative, shall consider,impose butupon isthe notperson limitedwho to,signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the followingother factors:party or parties the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorney fees.

(a)(5) TheThis extentsection todoes whichnot theapply ordinanceto protectslocal theordinances health,enacted welfare,to safety,implement and quality of life of the residentsfollowing: of the municipality;

(b)(a) ThePart impactII of thechapter ordinance163; on the personal rights and privileges of the residents of the municipality;

(c)Page The13 totalof22 economicCODING: impact of the ordinance;

andWords (d)strickenare Thedeletions; business impact statement prepared by the municipality as required by s.

166.041(4).words underlined are additions.

(4)hb0403-01-c1 ThisF sectionL doesO notR applyI toD anA emergencyH ordinanceO orU anS ordinanceE governedO byF partR IIE ofP chapterR 163,E s.S E N T A T I V E S CS/HB403 2022 (b) Section 553.73;

553.73,(c) orSection s.633.202;

633.202.(d) Sections 190.005 and 190.046;

(5)(e) TheOrdinances courtrequired mayto awardcomply attorneywith feesfederal andor costsstate aslaw providedor inregulation; s.

(f) Ordinances related to the issuance or refinancing of debt;

(g) Ordinances related to the adoption of budgets or budget amendments;

(h) Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government;

or (i) Emergency ordinances.

(6) The court may award attorney fees and costs and damages as provided in s.

Page163.2517 10Designation of18of CODING:urban infill and redevelopment area.— (5) After the preparation of an urban infill and redevelopment plan or designation of an existing plan, the local government shall adopt the plan by ordinance.

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hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 163.2517 Designation of urban infill and redevelopment area.— (5) After the preparation of an urban infill and redevelopment plan or designation of an existing plan, the local government shall adopt the plan by ordinance.

s.Page 14 of22 CODING:

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hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 s.

Page166.041(3)(c)2.b. 11 of18 CODING:

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hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 166.041(3)(c)2.b.

163.3215 Standing to enforce local comprehensive plans through development orders.— (4) If a local government elects to adopt or has adopted an ordinance establishing, at a minimum, the requirements listed inPage this15 subsection,of22 theCODING: sole method by which an aggrieved and adversely affected party may challenge any decision of local government granting or denying an application for a development order, as defined in s.

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hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 in this subsection, the sole method by which an aggrieved and adversely affected party may challenge any decision of local government granting or denying an application for a development order, as defined in s.

(a) The local process must make provision for notice of an application for a development order that materially alters the Pageuse 12or of18density CODING:or intensity of use on a particular piece of property, including notice by publication or mailed notice consistent with the provisions of ss.

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words underlined are additions.

hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 use or density or intensity of use on a particular piece of property, including notice by publication or mailed notice consistent with the provisions of ss.

however, noticePage under16 thisof22 subsectionCODING: is not required for an application for a building permit or any other official action of local government which does not materially alter the use or density or intensity of use on a particular piece of property.

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words underlined are additions.

hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 notice under this subsection is not required for an application for a building permit or any other official action of local government which does not materially alter the use or density or intensity of use on a particular piece of property.

376.80 Brownfield program administration process.— (1) The following general procedures apply to brownfield Pagedesignations: 13 of18 CODING:

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hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 designations:

403.182, of its decision to designate a brownfieldPage area17 forof22 rehabilitationCODING: for the purposes of ss.

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words underlined are additions.

hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 brownfield area for rehabilitation for the purposes of ss.

Page125.66, 14except of18that CODING:the procedures for the public hearings on the proposed resolution shall be in the form established in s.

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words underlined are additions.

hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 125.66, except that the procedures for the public hearings on the proposed resolution shall be in the form established in s.

Right to be removed from proposed brownfield area.—If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shallPage grant18 theof22 request.CODING:

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hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 shall grant the request.

PageSection 1510. of18 CODING:

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hb0403-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403 2022 Section 10.

sale or disposition of cemetery lands.— (3)(a) If the property to be sold, conveyed, or disposed of under subsection (2) has been or is being used for the permanent interment of human remains, the applicant for approval ofPage such19 sale,of22 conveyance,CODING: or disposition shall cause to be published, at least once a week for 4 consecutive weeks, a notice meeting the standards of publication set forth in s.

Words strickenare deletions;

words underlined are additions.

hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB403 2022 of such sale, conveyance, or disposition shall cause to be published, at least once a week for 4 consecutive weeks, a notice meeting the standards of publication set forth in s.

providing exceptions.— (2)(a) Nothing contained in the Beverage Law shall be Pageconstrued 16to of18affect CODING:or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the Beverage Law within the county or corporate limits of such municipality.

However, except for premises licensed on or before July 1, 1999, and except for locations Page 20 of22 CODING:

hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 construedthat toare affectlicensed oras impairrestaurants, thewhich powerderive orat rightleast 51 percent of anytheir countygross orrevenues incorporatedfrom municipalitythe sale of thefood stateand nonalcoholic beverages, pursuant to enactchapter ordinances509, regulatinga thelocation hoursfor on-premises consumption of businessalcoholic andbeverages locationmay ofnot placebe located within 500 feet of business,the andreal prescribingproperty sanitarythat regulationscomprises therefor,a ofpublic anyor licenseeprivate underelementary theschool, Beveragemiddle Lawschool, withinor secondary school unless the county or corporatemunicipality limitsapproves the location as promoting the public health, safety, and general welfare of suchthe municipality.community under proceedings as provided in s.

However, except for premises licensed on or before July 1, 1999, and except for locations that are licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s.

Subsection (1) of section 847.0134, Florida PageStatutes, 17is of18amended CODING:to read:

847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school.— (1) Except for those establishments that are legally operating or have been granted a permit from a local government to operate as adult entertainment establishments on or before Page 21 of22 CODING:

hb0403-00hb0403-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB403CS/HB403 2022 Statutes,July is1, amended2001, toan read:adult entertainment establishment that sells, rents, loans, distributes, transmits, shows, or exhibits any obscene material, as described in s.

847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school.— (1) Except for those establishments that are legally operating or have been granted a permit from a local government to operate as adult entertainment establishments on or before July 1, 2001, an adult entertainment establishment that sells, rents, loans, distributes, transmits, shows, or exhibits any obscene material, as described in s.

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hb0403-00hb0403-01-c1