Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 280
       
       
       
       
       
       
                                Ì486704/Î486704                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/12/2022           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Community Affairs (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 57.112, Florida Statutes, is amended to
    6  read:
    7         57.112 Attorney fees and costs and damages; preempted local
    8  actions.—
    9         (1) As used in this section, the term “attorney fees and
   10  costs” means the reasonable and necessary attorney fees and
   11  costs incurred for all preparations, motions, hearings, trials,
   12  and appeals in a proceeding.
   13         (2) If a civil action is filed against a local government
   14  to challenge the adoption or enforcement of a local ordinance on
   15  the grounds that it is expressly preempted by the State
   16  Constitution or by state law, the court shall assess and award
   17  reasonable attorney fees and costs and damages to the prevailing
   18  party.
   19         (3) If a civil action is filed against a local government
   20  to challenge the adoption of a local ordinance on the grounds
   21  that the ordinance is arbitrary or unreasonable, the court may
   22  assess and award reasonable attorney fees and costs and damages
   23  to the complainant if successful. An award of reasonable
   24  attorney fees or costs and damages pursuant to this subsection
   25  may not exceed $50,000. In addition, a prevailing party may not
   26  recover any attorney fees or costs directly incurred or
   27  associated with litigation to determine an award of reasonable
   28  attorney fees or costs.
   29         (4) Attorney fees and costs may not be awarded pursuant to
   30  this section if:
   31         (a) The governing body of a local governmental entity
   32  receives written notice that an ordinance that has been publicly
   33  noticed or adopted is expressly preempted by the State
   34  Constitution or state law or is arbitrary or unreasonable; and
   35         (b) The governing body of the local governmental entity
   36  withdraws the proposed ordinance within 30 days; or, in the case
   37  of an adopted ordinance, the governing body of a local
   38  government notices an intent to repeal the ordinance within 30
   39  days of receipt of the notice and repeals the ordinance within
   40  30 days thereafter.
   41         (5)(4) The provisions in this section are supplemental to
   42  all other sanctions or remedies available under law or court
   43  rule. However, this section may not be construed to authorize
   44  double recovery if an affected person prevails on a damages
   45  claim brought against a local government pursuant to other
   46  applicable law involving the same ordinance, operative acts, or
   47  transactions.
   48         (6)(5) This section does not apply to local ordinances
   49  adopted pursuant to part II of chapter 163, s. 553.73, or s.
   50  633.202.
   51         (7)(a)(6)Except as provided in paragraph (b), this section
   52  is intended to be prospective in nature and applies shall apply
   53  only to cases commenced on or after July 1, 2019.
   54         (b)The amendments to this section effective October 1,
   55  2022, are prospective in nature and apply only to ordinances
   56  adopted on or after October 1, 2022.
   57         Section 2. Present subsections (3) through (6) of section
   58  125.66, Florida Statutes, are redesignated as subsections (4)
   59  through (7), respectively, a new subsection (3) is added to that
   60  section, and paragraph (a) of subsection (2) of that section is
   61  amended, to read:
   62         125.66 Ordinances; enactment procedure; emergency
   63  ordinances; rezoning or change of land use ordinances or
   64  resolutions.—
   65         (2)(a) The regular enactment procedure shall be as follows:
   66  The board of county commissioners at any regular or special
   67  meeting may enact or amend any ordinance, except as provided in
   68  subsection (5) (4), if notice of intent to consider such
   69  ordinance is given at least 10 days before such meeting by
   70  publication as provided in chapter 50. A copy of such notice
   71  shall be kept available for public inspection during the regular
   72  business hours of the office of the clerk of the board of county
   73  commissioners. The notice of proposed enactment shall state the
   74  date, time, and place of the meeting; the title or titles of
   75  proposed ordinances; and the place or places within the county
   76  where such proposed ordinances may be inspected by the public.
   77  The notice shall also advise that interested parties may appear
   78  at the meeting and be heard with respect to the proposed
   79  ordinance.
   80         (3)(a) Before the enactment of a proposed ordinance, the
   81  board of county commissioners shall prepare a business impact
   82  estimate in accordance with this subsection. The business impact
   83  estimate must be posted on the county’s website on the same day
   84  the notice of proposed enactment is published pursuant to
   85  paragraph (2)(a) and must include all of the following:
   86         1.A summary of the proposed ordinance, including a
   87  statement of the public purpose to be served by the proposed
   88  ordinance, such as serving the public health, safety, morals,
   89  and welfare of the county.
   90         2.An estimate of the direct economic impact of the
   91  proposed ordinance on private for-profit businesses in the
   92  county, including the following, if any:
   93         a.An estimate of direct compliance costs businesses may
   94  reasonably incur if the ordinance is enacted.
   95         b.Identification of any new charge or fee on businesses
   96  subject to the proposed ordinance, or for which businesses will
   97  be financially responsible.
   98         c.An estimate of the county’s regulatory costs, including
   99  an estimate of revenues from any new charges or fees that will
  100  be imposed on businesses to cover such costs.
  101         3.A good faith estimate of the number of businesses likely
  102  to be impacted by the ordinance.
  103         4.Any additional information the board determines may be
  104  useful.
  105         (b)This subsection may not be construed to require a
  106  county to procure an accountant or other financial consultant to
  107  prepare the business impact estimate required by this
  108  subsection.
  109         (c) This subsection does not apply to an emergency
  110  ordinance enacted pursuant to this section.
  111         Section 3. Section 125.675, Florida Statutes, is created to
  112  read:
  113         125.675 Legal challenges to certain recently enacted
  114  ordinances.—
  115         (1) A county must suspend enforcement of an ordinance that
  116  is the subject of an action, including appeals, challenging the
  117  ordinance’s validity on the grounds that it is expressly
  118  preempted by the State Constitution or by state law or is
  119  arbitrary or unreasonable, if:
  120         (a) The action was filed with the court no later than 90
  121  days after the adoption of the ordinance;
  122         (b) The complainant requests suspension in the initial
  123  complaint or petition, citing this section; and
  124         (c) The county has been served with a copy of the complaint
  125  or petition.
  126         (2)In order to request the suspension of a challenged
  127  ordinance, the complainant must have submitted, before the
  128  enactment of the challenged ordinance, verbal or written
  129  comments, recommendations, or objections to the county about the
  130  proposed ordinance at any workshop or public hearing held by the
  131  county or by certified mail or e-mail to the person designated
  132  by the county to receive such comments, recommendations, or
  133  objections.
  134         (3) The court shall give cases in which the enforcement of
  135  an ordinance is suspended under this section priority over other
  136  pending cases and shall render a preliminary or final decision
  137  on the validity of the ordinance as expeditiously as possible.
  138         (4)In determining whether an ordinance is arbitrary or
  139  unreasonable, the court shall consider, but is not limited to,
  140  the following factors:
  141         (a)The extent to which the ordinance protects the health,
  142  welfare, safety, and quality of life of the residents of the
  143  county;
  144         (b)The impact of the ordinance on the personal rights and
  145  privileges of the residents of the county;
  146         (c)The total economic impact of the ordinance; and
  147         (d)The business impact estimate prepared by the county as
  148  required by s. 125.66(3).
  149         (5) This section does not apply to local ordinances enacted
  150  to implement the following:
  151         (a)Part II of chapter 163;
  152         (b)Section 553.73;
  153         (c)Section 633.202;
  154         (d)Ordinances required to comply with federal or state law
  155  or regulation;
  156         (e)Ordinances related to the issuance or refinancing of
  157  debt;
  158         (f)Ordinances related to the adoption of budgets or budget
  159  amendments; or
  160         (g)Ordinances required to implement a contract or an
  161  agreement, including, but not limited to, any federal, state,
  162  local, or private grant, or other financial assistance accepted
  163  by a county government.
  164         (6) The court may award attorney fees and costs as provided
  165  in s. 57.112.
  166         Section 4. Present subsections (4) through (8) of section
  167  166.041, Florida Statutes, are redesignated as subsections (5)
  168  through (9), respectively, and a new subsection (4) is added to
  169  that section, to read:
  170         166.041 Procedures for adoption of ordinances and
  171  resolutions.—
  172         (4)(a) Before the enactment of a proposed ordinance, the
  173  governing body of a municipality shall prepare a business impact
  174  estimate in accordance with this subsection. The business impact
  175  estimate must be posted on the municipality’s website on the
  176  same day the notice of proposed enactment is published pursuant
  177  to paragraph (3)(a) and must include all of the following:
  178         1.A summary of the proposed ordinance, including a
  179  statement of the public purpose to be served by the proposed
  180  ordinance, such as serving the public health, safety, morals,
  181  and welfare of the municipality.
  182         2.An estimate of the direct economic impact of the
  183  proposed ordinance on private for-profit businesses in the
  184  municipality, including the following, if any:
  185         a.An estimate of direct compliance costs businesses may
  186  reasonably incur if the ordinance is enacted.
  187         b.Identification of any new charge or fee on businesses
  188  subject to the proposed ordinance, or for which businesses will
  189  be financially responsible; and
  190         c.An estimate of the municipality’s regulatory costs,
  191  including an estimate of revenues from any new charges or fees
  192  that will be imposed on businesses to cover such costs.
  193         3.A good faith estimate of the number of businesses likely
  194  to be impacted by the ordinance.
  195         4.Any additional information the governing body determines
  196  may be useful.
  197         (b)This subsection may not be construed to require a
  198  municipality to procure an accountant or other financial
  199  consultant to prepare the business impact estimate required by
  200  this subsection.
  201         (c) This subsection does not apply to an emergency
  202  ordinance enacted pursuant to this section.
  203         Section 5. Section 166.0411, Florida Statutes, is created
  204  to read:
  205         166.0411 Legal challenges to certain recently enacted
  206  ordinances.—
  207         (1) A municipality must suspend enforcement of an ordinance
  208  that is the subject of an action, including appeals, challenging
  209  the ordinance’s validity on the grounds that it is expressly
  210  preempted by the State Constitution or by state law or is
  211  arbitrary or unreasonable, if:
  212         (a) The action was filed with the court no later than 90
  213  days after the adoption of the ordinance;
  214         (b) The complainant requests suspension in the initial
  215  complaint or petition, citing this section; and
  216         (c) The municipality has been served with a copy of the
  217  complaint or petition.
  218         (2)In order to request the suspension of a challenged
  219  ordinance, the complainant must have submitted, before the
  220  enactment of the challenged ordinance, verbal or written
  221  comments, recommendations, or objections to the municipality
  222  about the proposed ordinance at any workshop or public hearing
  223  held by the municipality or by certified mail or e-mail to the
  224  person designated by the municipality to receive such comments,
  225  recommendations, or objections.
  226         (3) The court shall give cases in which the enforcement of
  227  an ordinance is suspended under this section priority over other
  228  pending cases and shall render a preliminary or final decision
  229  on the validity of the ordinance as expeditiously as possible.
  230         (4)In determining whether an ordinance is arbitrary or
  231  unreasonable, the court shall consider, but is not limited to,
  232  the following factors:
  233         (a)The extent to which the ordinance protects the health,
  234  welfare, safety, and quality of life of the residents of the
  235  municipality;
  236         (b)The impact of the ordinance on the personal rights and
  237  privileges of the residents of the municipality;
  238         (c)The total economic impact of the ordinance; and
  239         (d)The business impact estimate prepared by the
  240  municipality as required by s. 166.041(4).
  241         (5) This section does not apply to local ordinances enacted
  242  to implement the following:
  243         (a)Part II of chapter 163;
  244         (b)Section 553.73;
  245         (c)Section 633.202;
  246         (d)Ordinances required to comply with federal or state law
  247  or regulation;
  248         (e)Ordinances related to the issuance or refinancing of
  249  debt;
  250         (f)Ordinances related to the adoption of budgets or budget
  251  amendments; or
  252         (g)Ordinances required to implement a contract or
  253  agreement, including, but not limited to, any federal, state,
  254  local, or private grant, or other financial assistance accepted
  255  by a municipal government.
  256         (6) The court may award attorney fees and costs as provided
  257  in s. 57.112.
  258         Section 6. Subsection (5) of section 163.2517, Florida
  259  Statutes, is amended to read:
  260         163.2517 Designation of urban infill and redevelopment
  261  area.—
  262         (5) After the preparation of an urban infill and
  263  redevelopment plan or designation of an existing plan, the local
  264  government shall adopt the plan by ordinance. Notice for the
  265  public hearing on the ordinance must be in the form established
  266  in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
  267  s. 125.66(4)(b)2. for counties.
  268         Section 7. Paragraph (a) of subsection (3) of section
  269  163.3181, Florida Statutes, is amended to read:
  270         163.3181 Public participation in the comprehensive planning
  271  process; intent; alternative dispute resolution.—
  272         (3) A local government considering undertaking a publicly
  273  financed capital improvement project may elect to use the
  274  procedures set forth in this subsection for the purpose of
  275  allowing public participation in the decision and resolution of
  276  disputes. For purposes of this subsection, a publicly financed
  277  capital improvement project is a physical structure or
  278  structures, the funding for construction, operation, and
  279  maintenance of which is financed entirely from public funds.
  280         (a) Prior to the date of a public hearing on the decision
  281  on whether to proceed with the proposed project, the local
  282  government shall publish public notice of its intent to decide
  283  the issue according to the notice procedures described by s.
  284  125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
  285  166.041(3)(c)2.b. for a municipality.
  286         Section 8. Paragraph (a) of subsection (4) of section
  287  163.3215, Florida Statutes, is amended to read:
  288         163.3215 Standing to enforce local comprehensive plans
  289  through development orders.—
  290         (4) If a local government elects to adopt or has adopted an
  291  ordinance establishing, at a minimum, the requirements listed in
  292  this subsection, the sole method by which an aggrieved and
  293  adversely affected party may challenge any decision of local
  294  government granting or denying an application for a development
  295  order, as defined in s. 163.3164, which materially alters the
  296  use or density or intensity of use on a particular piece of
  297  property, on the basis that it is not consistent with the
  298  comprehensive plan adopted under this part, is by an appeal
  299  filed by a petition for writ of certiorari filed in circuit
  300  court no later than 30 days following rendition of a development
  301  order or other written decision of the local government, or when
  302  all local administrative appeals, if any, are exhausted,
  303  whichever occurs later. An action for injunctive or other relief
  304  may be joined with the petition for certiorari. Principles of
  305  judicial or administrative res judicata and collateral estoppel
  306  apply to these proceedings. Minimum components of the local
  307  process are as follows:
  308         (a) The local process must make provision for notice of an
  309  application for a development order that materially alters the
  310  use or density or intensity of use on a particular piece of
  311  property, including notice by publication or mailed notice
  312  consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
  313  166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
  314  166.041(3)(c)2.b. and c., and must require prominent posting at
  315  the job site. The notice must be given within 10 days after the
  316  filing of an application for a development order; however,
  317  notice under this subsection is not required for an application
  318  for a building permit or any other official action of local
  319  government which does not materially alter the use or density or
  320  intensity of use on a particular piece of property. The notice
  321  must clearly delineate that an aggrieved or adversely affected
  322  person has the right to request a quasi-judicial hearing before
  323  the local government for which the application is made, must
  324  explain the conditions precedent to the appeal of any
  325  development order ultimately rendered upon the application, and
  326  must specify the location where written procedures can be
  327  obtained that describe the process, including how to initiate
  328  the quasi-judicial process, the timeframes for initiating the
  329  process, and the location of the hearing. The process may
  330  include an opportunity for an alternative dispute resolution.
  331         Section 9. Paragraph (c) of subsection (1) of section
  332  376.80, Florida Statutes, is amended to read:
  333         376.80 Brownfield program administration process.—
  334         (1) The following general procedures apply to brownfield
  335  designations:
  336         (c) Except as otherwise provided, the following provisions
  337  apply to all proposed brownfield area designations:
  338         1. Notification to department following adoption.—A local
  339  government with jurisdiction over the brownfield area must
  340  notify the department, and, if applicable, the local pollution
  341  control program under s. 403.182, of its decision to designate a
  342  brownfield area for rehabilitation for the purposes of ss.
  343  376.77-376.86. The notification must include a resolution
  344  adopted by the local government body. The local government shall
  345  notify the department, and, if applicable, the local pollution
  346  control program under s. 403.182, of the designation within 30
  347  days after adoption of the resolution.
  348         2. Resolution adoption.—The brownfield area designation
  349  must be carried out by a resolution adopted by the
  350  jurisdictional local government, which includes a map adequate
  351  to clearly delineate exactly which parcels are to be included in
  352  the brownfield area or alternatively a less-detailed map
  353  accompanied by a detailed legal description of the brownfield
  354  area. For municipalities, the governing body shall adopt the
  355  resolution in accordance with the procedures outlined in s.
  356  166.041, except that the procedures for the public hearings on
  357  the proposed resolution must be in the form established in s.
  358  166.041(3)(c)2. For counties, the governing body shall adopt the
  359  resolution in accordance with the procedures outlined in s.
  360  125.66, except that the procedures for the public hearings on
  361  the proposed resolution shall be in the form established in s.
  362  125.66(5)(b) s. 125.66(4)(b).
  363         3. Right to be removed from proposed brownfield area.—If a
  364  property owner within the area proposed for designation by the
  365  local government requests in writing to have his or her property
  366  removed from the proposed designation, the local government
  367  shall grant the request.
  368         4. Notice and public hearing requirements for designation
  369  of a proposed brownfield area outside a redevelopment area or by
  370  a nongovernmental entity. Compliance with the following
  371  provisions is required before designation of a proposed
  372  brownfield area under paragraph (2)(a) or paragraph (2)(c):
  373         a. At least one of the required public hearings shall be
  374  conducted as closely as is reasonably practicable to the area to
  375  be designated to provide an opportunity for public input on the
  376  size of the area, the objectives for rehabilitation, job
  377  opportunities and economic developments anticipated,
  378  neighborhood residents’ considerations, and other relevant local
  379  concerns.
  380         b. Notice of a public hearing must be made in a newspaper
  381  of general circulation in the area, must be made in ethnic
  382  newspapers or local community bulletins, must be posted in the
  383  affected area, and must be announced at a scheduled meeting of
  384  the local governing body before the actual public hearing.
  385         Section 10. Paragraph (a) of subsection (3) of section
  386  497.270, Florida Statutes, is amended to read:
  387         497.270 Minimum acreage; sale or disposition of cemetery
  388  lands.—
  389         (3)(a) If the property to be sold, conveyed, or disposed of
  390  under subsection (2) has been or is being used for the permanent
  391  interment of human remains, the applicant for approval of such
  392  sale, conveyance, or disposition shall cause to be published, at
  393  least once a week for 4 consecutive weeks, a notice meeting the
  394  standards of publication set forth in s. 125.66(5)(b)2. s.
  395  125.66(4)(b)2. The notice shall describe the property in
  396  question and the proposed noncemetery use and shall advise
  397  substantially affected persons that they may file a written
  398  request for a hearing pursuant to chapter 120, within 14 days
  399  after the date of last publication of the notice, with the
  400  department if they object to granting the applicant’s request to
  401  sell, convey, or dispose of the subject property for noncemetery
  402  uses.
  403         Section 11. Paragraph (a) of subsection (2) of section
  404  562.45, Florida Statutes, is amended to read:
  405         562.45 Penalties for violating Beverage Law; local
  406  ordinances; prohibiting regulation of certain activities or
  407  business transactions; requiring nondiscriminatory treatment;
  408  providing exceptions.—
  409         (2)(a) Nothing contained in the Beverage Law shall be
  410  construed to affect or impair the power or right of any county
  411  or incorporated municipality of the state to enact ordinances
  412  regulating the hours of business and location of place of
  413  business, and prescribing sanitary regulations therefor, of any
  414  licensee under the Beverage Law within the county or corporate
  415  limits of such municipality. However, except for premises
  416  licensed on or before July 1, 1999, and except for locations
  417  that are licensed as restaurants, which derive at least 51
  418  percent of their gross revenues from the sale of food and
  419  nonalcoholic beverages, pursuant to chapter 509, a location for
  420  on-premises consumption of alcoholic beverages may not be
  421  located within 500 feet of the real property that comprises a
  422  public or private elementary school, middle school, or secondary
  423  school unless the county or municipality approves the location
  424  as promoting the public health, safety, and general welfare of
  425  the community under proceedings as provided in s. 125.66(5) s.
  426  125.66(4), for counties, and s. 166.041(3)(c), for
  427  municipalities. This restriction shall not, however, be
  428  construed to prohibit the issuance of temporary permits to
  429  certain nonprofit organizations as provided for in s. 561.422.
  430  The division may not issue a change in the series of a license
  431  or approve a change of a licensee’s location unless the licensee
  432  provides documentation of proper zoning from the appropriate
  433  county or municipal zoning authorities.
  434         Section 12. Subsection (1) of section 847.0134, Florida
  435  Statutes, is amended to read:
  436         847.0134 Prohibition of adult entertainment establishment
  437  that displays, sells, or distributes materials harmful to minors
  438  within 2,500 feet of a school.—
  439         (1) Except for those establishments that are legally
  440  operating or have been granted a permit from a local government
  441  to operate as adult entertainment establishments on or before
  442  July 1, 2001, an adult entertainment establishment that sells,
  443  rents, loans, distributes, transmits, shows, or exhibits any
  444  obscene material, as described in s. 847.0133, or presents live
  445  entertainment or a motion picture, slide, or other exhibit that,
  446  in whole or in part, depicts nudity, sexual conduct, sexual
  447  excitement, sexual battery, sexual bestiality, or
  448  sadomasochistic abuse and that is harmful to minors, as
  449  described in s. 847.001, may not be located within 2,500 feet of
  450  the real property that comprises a public or private elementary
  451  school, middle school, or secondary school unless the county or
  452  municipality approves the location under proceedings as provided
  453  in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
  454  for municipalities.
  455         Section 13. The Legislature finds and declares that this
  456  act fulfills an important state interest.
  457         Section 14. This act shall take effect October 1, 2022.
  458  
  459  ================= T I T L E  A M E N D M E N T ================
  460  And the title is amended as follows:
  461         Delete everything before the enacting clause
  462  and insert:
  463                        A bill to be entitled                      
  464         An act relating to local ordinances; amending s.
  465         57.112, F.S.; authorizing courts to assess and award
  466         attorney fees and costs and damages in certain civil
  467         actions filed against local governments; specifying a
  468         limitation on awards and a restriction; providing
  469         construction and applicability; amending s. 125.66,
  470         F.S.; requiring a board of county commissioners to
  471         prepare a business impact estimate before the
  472         enactment of a proposed ordinance; specifying
  473         requirements for the posting and content of the
  474         estimate; providing construction and applicability;
  475         creating s. 125.675, F.S.; requiring a county to
  476         suspend enforcement of an ordinance that is the
  477         subject of a certain legal action if certain
  478         conditions are met; specifying a precondition for the
  479         suspension of an ordinance to be requested; requiring
  480         courts to give priority to certain cases; specifying
  481         factors a court must consider in determining whether
  482         an ordinance is arbitrary or unreasonable; providing
  483         applicability; authorizing courts to award attorney
  484         fees and costs under certain circumstances; amending
  485         s. 166.041, F.S.; requiring a governing body of a
  486         municipality to prepare a business impact estimate
  487         before the enactment of a proposed ordinance;
  488         specifying requirements for the posting and content of
  489         the estimate; providing construction and
  490         applicability; creating s. 166.0411, F.S.; requiring a
  491         municipality to suspend enforcement of an ordinance
  492         that is the subject of a certain legal action if
  493         certain conditions are met; specifying a precondition
  494         for the suspension of an ordinance to be requested;
  495         requiring courts to give priority to certain cases;
  496         specifying factors a court must consider in
  497         determining whether an ordinance is arbitrary or
  498         unreasonable; providing applicability; authorizing
  499         courts to award attorney fees and costs under certain
  500         circumstances; amending ss. 163.2517, 163.3181,
  501         163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.;
  502         conforming cross-references; providing a declaration
  503         of important state interest; providing an effective
  504         date.