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2023 Florida Statutes (including 2023C)

Legal challenges to certain recently enacted ordinances.
F.S. 166.0411
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 challenging the ordinance’s validity on the grounds that it is expressly preempted by the State Constitution or by state law 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 plaintiff requests suspension in the initial complaint or 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 enforce the ordinance 45 days after the entry of the order unless the plaintiff obtains a stay of the lower court’s order.
(3) The court shall give cases in which the enforcement of an ordinance is suspended under this section priority over other pending cases and shall render a preliminary or final decision on the validity of the ordinance as expeditiously as possible.
(4) The signature of an attorney or a party constitutes a certificate that he or she has read the pleading, motion, or other paper and that, to the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay, or for economic advantage, competitive reasons, or frivolous purposes or needless increase in the cost of litigation. If a pleading, motion, or other paper is signed in violation of these requirements, the court, upon its own initiative or upon favorably ruling on a party’s motion for sanctions, must 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.
(5) This section does not apply to:
(a) Ordinances required for compliance with federal or state law or regulation;
(b) Ordinances relating to the issuance or refinancing of debt;
(c) Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;
(d) 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;
(e) Emergency ordinances;
(f) Ordinances relating to procurement; or
(g) Ordinances enacted to implement the following:
1. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits;
2. Sections 190.005 and 190.046;
3. Section 553.73, relating to the Florida Building Code; or
4. Section 633.202, relating to the Florida Fire Prevention Code.
(6) The court may award attorney fees and costs and damages as provided in s. 57.112.
History.s. 7, ch. 2023-309.