Florida Senate - 2023                              CS for SB 170
       
       
        
       By the Committee on Community Affairs; and Senator Trumbull
       
       
       
       
       
       578-02031-23                                           2023170c1
    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 on
    7         fees and costs of certain litigation; providing
    8         construction and applicability; amending s. 125.66,
    9         F.S.; requiring a board of county commissioners to
   10         prepare or cause to be prepared a business impact
   11         estimate before the enactment of a proposed ordinance;
   12         specifying requirements for the posting and content of
   13         the estimate; providing construction and
   14         applicability; creating s. 125.675, F.S.; requiring a
   15         county to suspend enforcement of an ordinance that is
   16         the subject of a certain legal action if certain
   17         conditions are met; authorizing a prevailing county to
   18         enforce the ordinance after a specified period, except
   19         under certain circumstances; requiring courts to give
   20         priority to certain cases; providing construction
   21         relating to an attorney’s or a party’s signature;
   22         requiring a court to impose sanctions under certain
   23         circumstances; providing applicability; authorizing
   24         courts to award attorney fees and costs and damages if
   25         certain conditions are met; amending s. 166.041, F.S.;
   26         requiring a governing body of a municipality to
   27         prepare or cause to be prepared a business impact
   28         estimate before the enactment of a proposed ordinance;
   29         specifying requirements for the posting and content of
   30         the estimate; providing construction and
   31         applicability; creating s. 166.0411, F.S.; requiring a
   32         municipality to suspend enforcement of an ordinance
   33         that is the subject of a certain legal action if
   34         certain 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 if certain conditions are
   43         met; amending ss. 163.2517, 163.3181, 163.3215,
   44         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 by 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 after of receipt of the notice and repeals the ordinance
   86  within 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 claim
   91  brought against a local government pursuant to other applicable
   92  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  2023, are prospective in nature and apply only to ordinances
  102  adopted on or after October 1, 2023.
  103         (c)An amendment to an ordinance enacted after October 1,
  104  2023, gives rise to a claim under this section only to the
  105  extent that the application of the amendatory language is the
  106  cause of the claim apart from the ordinance being amended.
  107         Section 2. Present subsections (3) through (6) of section
  108  125.66, Florida Statutes, are redesignated as subsections (4)
  109  through (7), respectively, a new subsection (3) is added to that
  110  section, and paragraph (a) of subsection (2) of that section is
  111  amended, to read:
  112         125.66 Ordinances; enactment procedure; emergency
  113  ordinances; rezoning or change of land use ordinances or
  114  resolutions.—
  115         (2)(a) The regular enactment procedure is shall be as
  116  follows: The board of county commissioners at any regular or
  117  special meeting may enact or amend any ordinance, except as
  118  provided in subsection (5) (4), if notice of intent to consider
  119  such ordinance is given at least 10 days before such meeting by
  120  publication as provided in chapter 50. A copy of such notice
  121  must shall be kept available for public inspection during the
  122  regular business hours of the office of the clerk of the board
  123  of county commissioners. The notice of proposed enactment must
  124  shall state the date, time, and place of the meeting; the title
  125  or titles of proposed ordinances; and the place or places within
  126  the county where such proposed ordinances may be inspected by
  127  the public. The notice must shall also advise that interested
  128  parties may appear at the meeting and be heard with respect to
  129  the proposed ordinance.
  130         (3)(a) Before the enactment of a proposed ordinance, the
  131  board of county commissioners shall prepare or cause to be
  132  prepared a business impact estimate in accordance with this
  133  subsection. The business impact estimate must be posted on the
  134  county’s website no later than the date the notice of proposed
  135  enactment is published pursuant to paragraph (2)(a) and must
  136  include all of the following:
  137         1.A summary of the proposed ordinance, including a
  138  statement of the public purpose to be served by the proposed
  139  ordinance, such as serving the public health, safety, morals,
  140  and welfare of the county.
  141         2.An estimate of the direct economic impact of the
  142  proposed ordinance on private, for-profit businesses in the
  143  county, including the following, if any:
  144         a.An estimate of direct compliance costs that businesses
  145  may reasonably incur if the ordinance is enacted.
  146         b.Identification of any new charge or fee on businesses
  147  subject to the proposed ordinance or for which businesses will
  148  be financially responsible.
  149         c.An estimate of the county’s regulatory costs, including
  150  an estimate of revenues from any new charges or fees that will
  151  be imposed on businesses to cover such costs.
  152         3.A good faith estimate of the number of businesses likely
  153  to be impacted by the ordinance.
  154         4.Any additional information the board determines may be
  155  useful.
  156         (b)This subsection may not be construed to require a
  157  county to procure an accountant or other financial consultant to
  158  prepare the business impact estimate required by this
  159  subsection.
  160         (c)This subsection does not apply to:
  161         1. Ordinances required for compliance with federal or state
  162  law or regulation;
  163         2.Ordinances relating to the issuance or refinancing of
  164  debt;
  165         3.Ordinances relating to the adoption of budgets or budget
  166  amendments, including revenue sources necessary to fund the
  167  budget;
  168         4. 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;
  172         5.Emergency ordinances;
  173         6.Ordinances relating to procurement; or
  174         7.Ordinances enacted to implement the following:
  175         a.Part II of chapter 163, relating to growth policy,
  176  county and municipal planning, and land development regulation,
  177  including zoning, development orders, development agreements,
  178  and development permits;
  179         b.Sections 190.005 and 190.046;
  180         c.Section 553.73, relating to the Florida Building Code;
  181  or
  182         d. Section 633.202, relating to the Florida Fire Prevention
  183  Code.
  184         Section 3. Section 125.675, Florida Statutes, is created to
  185  read:
  186         125.675 Legal challenges to certain recently enacted
  187  ordinances.—
  188         (1) A county must suspend enforcement of an ordinance that
  189  is the subject of an action challenging the ordinance’s validity
  190  on the grounds that it is expressly preempted by the State
  191  Constitution or by state law or is arbitrary or unreasonable if:
  192         (a) The action was filed with the court no later than 90
  193  days after the adoption of the ordinance;
  194         (b) The plaintiff requests suspension in the initial
  195  complaint or petition, citing this section; and
  196         (c) The county has been served with a copy of the complaint
  197  or petition.
  198         (2) When the plaintiff appeals a final judgment finding
  199  that an ordinance is valid and enforceable, the county may
  200  enforce the ordinance 45 days after the entry of the order
  201  unless the plaintiff obtains a stay of the lower court’s order.
  202         (3) The court shall give cases in which the enforcement of
  203  an ordinance is suspended under this section priority over other
  204  pending cases and shall render a preliminary or final decision
  205  on the validity of the ordinance as expeditiously as possible.
  206         (4) The signature of an attorney or a party constitutes a
  207  certificate that he or she has read the pleading, motion, or
  208  other paper and that, to the best of his or her knowledge,
  209  information, and belief formed after reasonable inquiry, it is
  210  not interposed for any improper purpose, such as to harass or to
  211  cause unnecessary delay, or for economic advantage, competitive
  212  reasons, or frivolous purposes or needless increase in the cost
  213  of litigation. If a pleading, motion, or other paper is signed
  214  in violation of these requirements, the court, upon its own
  215  initiative or upon favorably ruling on a party’s motion for
  216  sanctions, must impose upon the person who signed it, a
  217  represented party, or both, an appropriate sanction, which may
  218  include an order to pay to the other party or parties the amount
  219  of reasonable expenses incurred because of the filing of the
  220  pleading, motion, or other paper, including reasonable attorney
  221  fees.
  222         (5) This section does not apply to:
  223         (a) Ordinances required for compliance with federal or
  224  state law or regulation;
  225         (b)Ordinances relating to the issuance or refinancing of
  226  debt;
  227         (c)Ordinances relating to the adoption of budgets or
  228  budget amendments, including revenue sources necessary to fund
  229  the budget;
  230         (d) Ordinances required to implement a contract or an
  231  agreement, including, but not limited to, any federal, state,
  232  local, or private grant, or other financial assistance accepted
  233  by a county government;
  234         (e)Emergency ordinances;
  235         (f)Ordinances relating to procurement; or
  236         (g)Ordinances enacted to implement the following:
  237         1.Part II of chapter 163, relating to growth policy,
  238  county and municipal planning, and land development regulation,
  239  including zoning, development orders, development agreements,
  240  and development permits;
  241         2.Sections 190.005 and 190.046;
  242         3.Section 553.73, relating to the Florida Building Code;
  243  or
  244         4. Section 633.202, relating to the Florida Fire Prevention
  245  Code.
  246         (6) The court may award attorney fees and costs and damages
  247  as provided in s. 57.112.
  248         Section 4. Present subsections (4) through (8) of section
  249  166.041, Florida Statutes, are redesignated as subsections (5)
  250  through (9), respectively, and a new subsection (4) is added to
  251  that section, to read:
  252         166.041 Procedures for adoption of ordinances and
  253  resolutions.—
  254         (4)(a) Before the enactment of a proposed ordinance, the
  255  governing body of a municipality shall prepare or cause to be
  256  prepared a business impact estimate in accordance with this
  257  subsection. The business impact estimate must be posted on the
  258  municipality’s website no later than the date the notice of
  259  proposed enactment is published pursuant to paragraph (3)(a) and
  260  must include all of the following:
  261         1. A summary of the proposed ordinance, including a
  262  statement of the public purpose to be served by the proposed
  263  ordinance, such as serving the public health, safety, morals,
  264  and welfare of the municipality.
  265         2. An estimate of the direct economic impact of the
  266  proposed ordinance on private, for-profit businesses in the
  267  municipality, including the following, if any:
  268         a. An estimate of direct compliance costs that businesses
  269  may reasonably incur if the ordinance is enacted;
  270         b. Identification of any new charge or fee on businesses
  271  subject to the proposed ordinance, or for which businesses will
  272  be financially responsible; and
  273         c. An estimate of the municipality’s regulatory costs,
  274  including an estimate of revenues from any new charges or fees
  275  that will be imposed on businesses to cover such costs.
  276         3. A good faith estimate of the number of businesses likely
  277  to be impacted by the ordinance.
  278         4. Any additional information the governing body determines
  279  may be useful.
  280         (b) This subsection may not be construed to require a
  281  municipality to procure an accountant or other financial
  282  consultant to prepare the business impact estimate required by
  283  this subsection.
  284         (c) This subsection does not apply to:
  285         1. Ordinances required for compliance with federal or state
  286  law or regulation;
  287         2.Ordinances relating to the issuance or refinancing of
  288  debt;
  289         3.Ordinances relating to the adoption of budgets or budget
  290  amendments, including revenue sources necessary to fund the
  291  budget;
  292         4. Ordinances required to implement a contract or an
  293  agreement, including, but not limited to, any federal, state,
  294  local, or private grant, or other financial assistance accepted
  295  by a municipal government;
  296         5.Emergency ordinances;
  297         6.Ordinances relating to procurement; or
  298         7.Ordinances enacted to implement the following:
  299         a.Part II of chapter 163, relating to growth policy,
  300  county and municipal planning, and land development regulation,
  301  including zoning, development orders, development agreements,
  302  and development permits;
  303         b.Sections 190.005 and 190.046;
  304         c.Section 553.73, relating to the Florida Building Code;
  305  or
  306         d. Section 633.202, relating to the Florida Fire Prevention
  307  Code.
  308         Section 5. Section 166.0411, Florida Statutes, is created
  309  to read:
  310         166.0411 Legal challenges to certain recently enacted
  311  ordinances.—
  312         (1) A municipality must suspend enforcement of an ordinance
  313  that is the subject of an action challenging the ordinance’s
  314  validity on the grounds that it is expressly preempted by the
  315  State Constitution or by state law or is arbitrary or
  316  unreasonable if:
  317         (a) The action was filed with the court no later than 90
  318  days after the adoption of the ordinance;
  319         (b) The plaintiff requests suspension in the initial
  320  complaint or petition, citing this section; and
  321         (c) The municipality has been served with a copy of the
  322  complaint or petition.
  323         (2) When the plaintiff appeals a final judgment finding
  324  that an ordinance is valid and enforceable, the municipality may
  325  enforce the ordinance 45 days after the entry of the order
  326  unless the plaintiff obtains a stay of the lower court’s order.
  327         (3) The court shall give cases in which the enforcement of
  328  an ordinance is suspended under this section priority over other
  329  pending cases and shall render a preliminary or final decision
  330  on the validity of the ordinance as expeditiously as possible.
  331         (4)The signature of an attorney or a party constitutes a
  332  certificate that he or she has read the pleading, motion, or
  333  other paper and that, to the best of his or her knowledge,
  334  information, and belief formed after reasonable inquiry, it is
  335  not interposed for any improper purpose, such as to harass or to
  336  cause unnecessary delay, or for economic advantage, competitive
  337  reasons, or frivolous purposes or needless increase in the cost
  338  of litigation. If a pleading, motion, or other paper is signed
  339  in violation of these requirements, the court, upon its own
  340  initiative or upon favorably ruling on a party’s motion for
  341  sanctions, must impose upon the person who signed it, a
  342  represented party, or both, an appropriate sanction, which may
  343  include an order to pay to the other party or parties the amount
  344  of reasonable expenses incurred because of the filing of the
  345  pleading, motion, or other paper, including reasonable attorney
  346  fees.
  347         (5) This section does not apply to:
  348         (a) Ordinances required for compliance with federal or
  349  state law or regulation;
  350         (b)Ordinances relating to the issuance or refinancing of
  351  debt;
  352         (c) Ordinances relating to the adoption of budgets or
  353  budget amendments, including revenue sources necessary to fund
  354  the budget;
  355         (d) Ordinances required to implement a contract or an
  356  agreement, including, but not limited to, any federal, state,
  357  local, or private grant, or other financial assistance accepted
  358  by a municipal government;
  359         (e)Emergency ordinances;
  360         (f)Ordinances relating to procurement; or
  361         (g)Ordinances enacted to implement the following:
  362         1.Part II of chapter 163, relating to growth policy,
  363  county and municipal planning, and land development regulation,
  364  including zoning, development orders, development agreements,
  365  and development permits;
  366         2.Sections 190.005 and 190.046;
  367         3.Section 553.73, relating to the Florida Building Code;
  368  or
  369         4.Section 633.202, relating to the Florida Fire Prevention
  370  Code.
  371         (6) The court may award attorney fees and costs and damages
  372  as provided in s. 57.112.
  373         Section 6. Subsection (5) of section 163.2517, Florida
  374  Statutes, is amended to read:
  375         163.2517 Designation of urban infill and redevelopment
  376  area.—
  377         (5) After the preparation of an urban infill and
  378  redevelopment plan or designation of an existing plan, the local
  379  government shall adopt the plan by ordinance. Notice for the
  380  public hearing on the ordinance must be in the form established
  381  in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
  382  s. 125.66(4)(b)2. for counties.
  383         Section 7. Paragraph (a) of subsection (3) of section
  384  163.3181, Florida Statutes, is amended to read:
  385         163.3181 Public participation in the comprehensive planning
  386  process; intent; alternative dispute resolution.—
  387         (3) A local government considering undertaking a publicly
  388  financed capital improvement project may elect to use the
  389  procedures set forth in this subsection for the purpose of
  390  allowing public participation in the decision and resolution of
  391  disputes. For purposes of this subsection, a publicly financed
  392  capital improvement project is a physical structure or
  393  structures, the funding for construction, operation, and
  394  maintenance of which is financed entirely from public funds.
  395         (a) Before Prior to the date of a public hearing on the
  396  decision on whether to proceed with the proposed project, the
  397  local government shall publish public notice of its intent to
  398  decide the issue according to the notice procedures described by
  399  s. 125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
  400  166.041(3)(c)2.b. for a municipality.
  401         Section 8. Paragraph (a) of subsection (4) of section
  402  163.3215, Florida Statutes, is amended to read:
  403         163.3215 Standing to enforce local comprehensive plans
  404  through development orders.—
  405         (4) If a local government elects to adopt or has adopted an
  406  ordinance establishing, at a minimum, the requirements listed in
  407  this subsection, the sole method by which an aggrieved and
  408  adversely affected party may challenge any decision of local
  409  government granting or denying an application for a development
  410  order, as defined in s. 163.3164, which materially alters the
  411  use or density or intensity of use on a particular piece of
  412  property, on the basis that it is not consistent with the
  413  comprehensive plan adopted under this part, is by an appeal
  414  filed by a petition for writ of certiorari filed in circuit
  415  court no later than 30 days following rendition of a development
  416  order or other written decision of the local government, or when
  417  all local administrative appeals, if any, are exhausted,
  418  whichever occurs later. An action for injunctive or other relief
  419  may be joined with the petition for certiorari. Principles of
  420  judicial or administrative res judicata and collateral estoppel
  421  apply to these proceedings. Minimum components of the local
  422  process are as follows:
  423         (a) The local process must make provision for notice of an
  424  application for a development order that materially alters the
  425  use or density or intensity of use on a particular piece of
  426  property, including notice by publication or mailed notice
  427  consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
  428  166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
  429  166.041(3)(c)2.b. and c., and must require prominent posting at
  430  the job site. The notice must be given within 10 days after the
  431  filing of an application for a development order; however,
  432  notice under this subsection is not required for an application
  433  for a building permit or any other official action of local
  434  government which does not materially alter the use or density or
  435  intensity of use on a particular piece of property. The notice
  436  must clearly delineate that an aggrieved or adversely affected
  437  person has the right to request a quasi-judicial hearing before
  438  the local government for which the application is made, must
  439  explain the conditions precedent to the appeal of any
  440  development order ultimately rendered upon the application, and
  441  must specify the location where written procedures can be
  442  obtained that describe the process, including how to initiate
  443  the quasi-judicial process, the timeframes for initiating the
  444  process, and the location of the hearing. The process may
  445  include an opportunity for an alternative dispute resolution.
  446         Section 9. Paragraph (c) of subsection (1) of section
  447  376.80, Florida Statutes, is amended to read:
  448         376.80 Brownfield program administration process.—
  449         (1) The following general procedures apply to brownfield
  450  designations:
  451         (c) Except as otherwise provided, the following provisions
  452  apply to all proposed brownfield area designations:
  453         1. Notification to department following adoption.—A local
  454  government with jurisdiction over the brownfield area must
  455  notify the department, and, if applicable, the local pollution
  456  control program under s. 403.182, of its decision to designate a
  457  brownfield area for rehabilitation for the purposes of ss.
  458  376.77-376.86. The notification must include a resolution
  459  adopted by the local government body. The local government shall
  460  notify the department, and, if applicable, the local pollution
  461  control program under s. 403.182, of the designation within 30
  462  days after adoption of the resolution.
  463         2. Resolution adoption.—The brownfield area designation
  464  must be carried out by a resolution adopted by the
  465  jurisdictional local government, which includes a map adequate
  466  to clearly delineate exactly which parcels are to be included in
  467  the brownfield area or alternatively a less-detailed map
  468  accompanied by a detailed legal description of the brownfield
  469  area. For municipalities, the governing body shall adopt the
  470  resolution in accordance with the procedures outlined in s.
  471  166.041, except that the procedures for the public hearings on
  472  the proposed resolution must be in the form established in s.
  473  166.041(3)(c)2. For counties, the governing body shall adopt the
  474  resolution in accordance with the procedures outlined in s.
  475  125.66, except that the procedures for the public hearings on
  476  the proposed resolution must shall be in the form established in
  477  s. 125.66(5)(b) s. 125.66(4)(b).
  478         3. Right to be removed from proposed brownfield area.—If a
  479  property owner within the area proposed for designation by the
  480  local government requests in writing to have his or her property
  481  removed from the proposed designation, the local government must
  482  shall grant the request.
  483         4. Notice and public hearing requirements for designation
  484  of a proposed brownfield area outside a redevelopment area or by
  485  a nongovernmental entity. Compliance with the following
  486  provisions is required before designation of a proposed
  487  brownfield area under paragraph (2)(a) or paragraph (2)(c):
  488         a. At least one of the required public hearings must shall
  489  be conducted as closely as is reasonably practicable to the area
  490  to be designated to provide an opportunity for public input on
  491  the size of the area, the objectives for rehabilitation, job
  492  opportunities and economic developments anticipated,
  493  neighborhood residents’ considerations, and other relevant local
  494  concerns.
  495         b. Notice of a public hearing must be made in a newspaper
  496  of general circulation in the area, must be made in ethnic
  497  newspapers or local community bulletins, must be posted in the
  498  affected area, and must be announced at a scheduled meeting of
  499  the local governing body before the actual public hearing.
  500         Section 10. Paragraph (a) of subsection (3) of section
  501  497.270, Florida Statutes, is amended to read:
  502         497.270 Minimum acreage; sale or disposition of cemetery
  503  lands.—
  504         (3)(a) If the property to be sold, conveyed, or disposed of
  505  under subsection (2) has been or is being used for the permanent
  506  interment of human remains, the applicant for approval of such
  507  sale, conveyance, or disposition must shall cause to be
  508  published, at least once a week for 4 consecutive weeks, a
  509  notice meeting the standards of publication set forth in s.
  510  125.66(5)(b)2. s. 125.66(4)(b)2. The notice must shall describe
  511  the property in question and the proposed noncemetery use and
  512  must shall advise substantially affected persons that they may
  513  file a written request for a hearing pursuant to chapter 120,
  514  within 14 days after the date of last publication of the notice,
  515  with the department if they object to granting the applicant’s
  516  request to sell, convey, or dispose of the subject property for
  517  noncemetery uses.
  518         Section 11. Paragraph (a) of subsection (2) of section
  519  562.45, Florida Statutes, is amended to read:
  520         562.45 Penalties for violating Beverage Law; local
  521  ordinances; prohibiting regulation of certain activities or
  522  business transactions; requiring nondiscriminatory treatment;
  523  providing exceptions.—
  524         (2)(a) Nothing contained in the Beverage Law may shall be
  525  construed to affect or impair the power or right of any county
  526  or incorporated municipality of the state to enact ordinances
  527  regulating the hours of business and location of place of
  528  business, and prescribing sanitary regulations therefor, of any
  529  licensee under the Beverage Law within the county or corporate
  530  limits of such municipality. However, except for premises
  531  licensed on or before July 1, 1999, and except for locations
  532  that are licensed as restaurants, which derive at least 51
  533  percent of their gross revenues from the sale of food and
  534  nonalcoholic beverages, pursuant to chapter 509, a location for
  535  on-premises consumption of alcoholic beverages may not be
  536  located within 500 feet of the real property that comprises a
  537  public or private elementary school, middle school, or secondary
  538  school unless the county or municipality approves the location
  539  as promoting the public health, safety, and general welfare of
  540  the community under proceedings as provided in s. 125.66(5) s.
  541  125.66(4), for counties, and s. 166.041(3)(c), for
  542  municipalities. This restriction may shall not, however, be
  543  construed to prohibit the issuance of temporary permits to
  544  certain nonprofit organizations as provided for in s. 561.422.
  545  The division may not issue a change in the series of a license
  546  or approve a change of a licensee’s location unless the licensee
  547  provides documentation of proper zoning from the appropriate
  548  county or municipal zoning authorities.
  549         Section 12. Subsection (1) of section 847.0134, Florida
  550  Statutes, is amended to read:
  551         847.0134 Prohibition of adult entertainment establishment
  552  that displays, sells, or distributes materials harmful to minors
  553  within 2,500 feet of a school.—
  554         (1) Except for those establishments that are legally
  555  operating or have been granted a permit from a local government
  556  to operate as adult entertainment establishments on or before
  557  July 1, 2001, an adult entertainment establishment that sells,
  558  rents, loans, distributes, transmits, shows, or exhibits any
  559  obscene material, as described in s. 847.0133, or presents live
  560  entertainment or a motion picture, slide, or other exhibit that,
  561  in whole or in part, depicts nudity, sexual conduct, sexual
  562  excitement, sexual battery, sexual bestiality, or
  563  sadomasochistic abuse and that is harmful to minors, as
  564  described in s. 847.001, may not be located within 2,500 feet of
  565  the real property that comprises a public or private elementary
  566  school, middle school, or secondary school unless the county or
  567  municipality approves the location under proceedings as provided
  568  in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
  569  for municipalities.
  570         Section 13. The Legislature finds and declares that this
  571  act fulfills an important state interest.
  572         Section 14. This act shall take effect October 1, 2023.