Bill Amendment: FL S0170 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Local Ordinances

Status: 2023-07-05 - Chapter No. 2023-309 [S0170 Detail]

Download: Florida-2023-S0170-Senate_Floor_Amendment_654388.html

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       Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 170
       
       
       
       
       
       
                                Ì654388UÎ654388                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Trumbull moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 113 - 298
    4  and insert:
    5         Section 2. Effective upon becoming a law, subsection (7) is
    6  added to section 125.66, Florida Statutes, to read:
    7         125.66 Ordinances; enactment procedure; emergency
    8  ordinances; rezoning or change of land use ordinances or
    9  resolutions.—
   10         (7) Consideration of the proposed ordinance or resolution
   11  at a properly noticed meeting may be continued to a subsequent
   12  meeting if, at the scheduled meeting, the date, time, and place
   13  of the subsequent meeting is publicly stated. No further
   14  publication, mailing, or posted notice as required under this
   15  section is required, except that the continued consideration
   16  must be listed in an agenda or similar communication produced
   17  for the subsequent meeting. This subsection is remedial in
   18  nature, is intended to clarify existing law, and shall apply
   19  retroactively except as to a court challenge under this section
   20  that was filed by January 1, 2023.
   21         Section 3. Present subsections (3) through (7) of section
   22  125.66, Florida Statutes, as amended by this act, are
   23  redesignated as subsections (4) through (8), respectively, a new
   24  subsection (3) is added to that section, and paragraph (a) of
   25  subsection (2) of that section is amended, to read:
   26         125.66 Ordinances; enactment procedure; emergency
   27  ordinances; rezoning or change of land use ordinances or
   28  resolutions.—
   29         (2)(a) The regular enactment procedure is shall be as
   30  follows: The board of county commissioners at any regular or
   31  special meeting may enact or amend any ordinance, except as
   32  provided in subsection (5) (4), if notice of intent to consider
   33  such ordinance is given at least 10 days before such meeting by
   34  publication as provided in chapter 50. A copy of such notice
   35  must shall be kept available for public inspection during the
   36  regular business hours of the office of the clerk of the board
   37  of county commissioners. The notice of proposed enactment must
   38  shall state the date, time, and place of the meeting; the title
   39  or titles of proposed ordinances; and the place or places within
   40  the county where such proposed ordinances may be inspected by
   41  the public. The notice must shall also advise that interested
   42  parties may appear at the meeting and be heard with respect to
   43  the proposed ordinance.
   44         (3)(a) Before the enactment of a proposed ordinance, the
   45  board of county commissioners shall prepare or cause to be
   46  prepared a business impact estimate in accordance with this
   47  subsection. The business impact estimate must be posted on the
   48  county’s website no later than the date the notice of proposed
   49  enactment is published pursuant to paragraph (2)(a) and must
   50  include all of the following:
   51         1. A summary of the proposed ordinance, including a
   52  statement of the public purpose to be served by the proposed
   53  ordinance, such as serving the public health, safety, morals,
   54  and welfare of the county.
   55         2. An estimate of the direct economic impact of the
   56  proposed ordinance on private, for-profit businesses in the
   57  county, including the following, if any:
   58         a. An estimate of direct compliance costs that businesses
   59  may reasonably incur if the ordinance is enacted.
   60         b. Identification of any new charge or fee on businesses
   61  subject to the proposed ordinance or for which businesses will
   62  be financially responsible.
   63         c. An estimate of the county’s regulatory costs, including
   64  an estimate of revenues from any new charges or fees that will
   65  be imposed on businesses to cover such costs.
   66         3. A good faith estimate of the number of businesses likely
   67  to be impacted by the ordinance.
   68         4. Any additional information the board determines may be
   69  useful.
   70         (b) This subsection may not be construed to require a
   71  county to procure an accountant or other financial consultant to
   72  prepare the business impact estimate required by this
   73  subsection.
   74         (c) This subsection does not apply to:
   75         1. Ordinances required for compliance with federal or state
   76  law or regulation;
   77         2. Ordinances relating to the issuance or refinancing of
   78  debt;
   79         3. Ordinances relating to the adoption of budgets or budget
   80  amendments, including revenue sources necessary to fund the
   81  budget;
   82         4. Ordinances required to implement a contract or an
   83  agreement, including, but not limited to, any federal, state,
   84  local, or private grant, or other financial assistance accepted
   85  by a county government;
   86         5. Emergency ordinances;
   87         6. Ordinances relating to procurement; or
   88         7. Ordinances enacted to implement the following:
   89         a. Part II of chapter 163, relating to growth policy,
   90  county and municipal planning, and land development regulation,
   91  including zoning, development orders, development agreements,
   92  and development permits;
   93         b. Sections 190.005 and 190.046;
   94         c. Section 553.73, relating to the Florida Building Code;
   95  or
   96         d. Section 633.202, relating to the Florida Fire Prevention
   97  Code.
   98         Section 4. Section 125.675, Florida Statutes, is created to
   99  read:
  100         125.675 Legal challenges to certain recently enacted
  101  ordinances.—
  102         (1) A county must suspend enforcement of an ordinance that
  103  is the subject of an action challenging the ordinance’s validity
  104  on the grounds that it is expressly preempted by the State
  105  Constitution or by state law or is arbitrary or unreasonable if:
  106         (a) The action was filed with the court no later than 90
  107  days after the adoption of the ordinance;
  108         (b) The plaintiff requests suspension in the initial
  109  complaint or petition, citing this section; and
  110         (c) The county has been served with a copy of the complaint
  111  or petition.
  112         (2) When the plaintiff appeals a final judgment finding
  113  that an ordinance is valid and enforceable, the county may
  114  enforce the ordinance 45 days after the entry of the order
  115  unless the plaintiff obtains a stay of the lower court’s order.
  116         (3) The court shall give cases in which the enforcement of
  117  an ordinance is suspended under this section priority over other
  118  pending cases and shall render a preliminary or final decision
  119  on the validity of the ordinance as expeditiously as possible.
  120         (4) The signature of an attorney or a party constitutes a
  121  certificate that he or she has read the pleading, motion, or
  122  other paper and that, to the best of his or her knowledge,
  123  information, and belief formed after reasonable inquiry, it is
  124  not interposed for any improper purpose, such as to harass or to
  125  cause unnecessary delay, or for economic advantage, competitive
  126  reasons, or frivolous purposes or needless increase in the cost
  127  of litigation. If a pleading, motion, or other paper is signed
  128  in violation of these requirements, the court, upon its own
  129  initiative or upon favorably ruling on a party’s motion for
  130  sanctions, must impose upon the person who signed it, a
  131  represented party, or both, an appropriate sanction, which may
  132  include an order to pay to the other party or parties the amount
  133  of reasonable expenses incurred because of the filing of the
  134  pleading, motion, or other paper, including reasonable attorney
  135  fees.
  136         (5) This section does not apply to:
  137         (a) Ordinances required for compliance with federal or
  138  state law or regulation;
  139         (b) Ordinances relating to the issuance or refinancing of
  140  debt;
  141         (c) Ordinances relating to the adoption of budgets or
  142  budget amendments, including revenue sources necessary to fund
  143  the budget;
  144         (d) Ordinances required to implement a contract or an
  145  agreement, including, but not limited to, any federal, state,
  146  local, or private grant, or other financial assistance accepted
  147  by a county government;
  148         (e) Emergency ordinances;
  149         (f) Ordinances relating to procurement; or
  150         (g) Ordinances enacted to implement the following:
  151         1. Part II of chapter 163, relating to growth policy,
  152  county and municipal planning, and land development regulation,
  153  including zoning, development orders, development agreements,
  154  and development permits;
  155         2. Sections 190.005 and 190.046;
  156         3. Section 553.73, relating to the Florida Building Code;
  157  or
  158         4. Section 633.202, relating to the Florida Fire Prevention
  159  Code.
  160         (6) The court may award attorney fees and costs and damages
  161  as provided in s. 57.112.
  162         Section 5. Effective upon becoming a law, paragraph (d) is
  163  added to subsection (3) of section 166.041, Florida Statutes,
  164  and paragraph (a) of that subsection is amended, to read:
  165         166.041 Procedures for adoption of ordinances and
  166  resolutions.—
  167         (3)(a) Except as provided in paragraphs paragraph (c) and
  168  (d), a proposed ordinance may be read by title, or in full, on
  169  at least 2 separate days and shall, at least 10 days prior to
  170  adoption, be noticed once in a newspaper of general circulation
  171  in the municipality. The notice of proposed enactment shall
  172  state the date, time, and place of the meeting; the title or
  173  titles of proposed ordinances; and the place or places within
  174  the municipality where such proposed ordinances may be inspected
  175  by the public. The notice shall also advise that interested
  176  parties may appear at the meeting and be heard with respect to
  177  the proposed ordinance.
  178         (d) Consideration of the proposed ordinance at a meeting
  179  properly noticed pursuant to this subsection may be continued to
  180  a subsequent meeting if, at the meeting, the date, time, and
  181  place of the subsequent meeting is publicly stated. No further
  182  publication, mailing, or posted notice as required under this
  183  subsection is required, except that the continued consideration
  184  must be listed in an agenda or similar communication produced
  185  for the subsequent meeting. This paragraph is remedial in
  186  nature, is intended to clarify existing law, and shall apply
  187  retroactively except as to a court challenge under this section
  188  that was filed by January 1, 2023.
  189  
  190  ================= T I T L E  A M E N D M E N T ================
  191  And the title is amended as follows:
  192         Delete line 10
  193  and insert:
  194         meetings on proposed ordinances and resolutions for
  195         counties