Florida Senate - 2009                                    SB 1856
       
       
       
       By Senator Bennett
       
       
       
       
       21-01567-09                                           20091856__
    1                        A bill to be entitled                      
    2         An act relating to local governmental powers; amending
    3         s. 125.01, F.S.; prohibiting a county from requiring a
    4         private property owner to expend funds to enhance
    5         certain services or functions provided by local
    6         governments which benefit the general public at the
    7         expense of the property owner; amending s. 166.021,
    8         F.S.; prohibiting a municipality from requiring a
    9         private property owner to expend funds to enhance
   10         certain services or functions provided by local
   11         governments which benefit the general public at the
   12         expense of the property owner; providing an effective
   13         date.
   14         
   15  Be It Enacted by the Legislature of the State of Florida:
   16         
   17         Section 1. Subsection (8) is added to section 125.01,
   18  Florida Statutes, to read:
   19         125.01 Powers and duties.—
   20         (8) The legislative and governing body of a county may not
   21  enforce or cause to be enforced, a county code or ordinance that
   22  requires a private property owner to expend funds or take action
   23  to expend funds to enhance the services or functions provided by
   24  local governments, such as protection of the public health,
   25  safety, and welfare, and which provide a benefit to the general
   26  public at the expense of the private property owner.
   27         Section 2. Present subsection (10) of section 166.021,
   28  Florida Statutes, is renumbered as subsection (11), and a new
   29  subsection (10) is added to that section, to read:
   30         166.021 Powers.—
   31         (10) The legislative and governing body of a municipality
   32  may not enforce or cause to be enforced a municipal code or
   33  ordinance that requires a private property owner to expend funds
   34  or take action to expend funds to enhance the services or
   35  functions provided by local governments, such as protection of
   36  the public health, safety, and welfare, and which provide a
   37  benefit to the general public at the expense of the private
   38  property owner.
   39         Section 3. This act shall take effect July 1, 2009.