Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 280
       
       
       
       
       
       
                                Ì587410{Î587410                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             01/27/2022 03:53 PM       .                                
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       Senator Farmer moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 94 - 335
    4  and insert:
    5  633.202, or to local ordinances related to affordable housing or
    6  residential tenant protections.
    7         (7)(a)(6)Except as provided in paragraph (b), this section
    8  is intended to be prospective in nature and applies shall apply
    9  only to cases commenced on or after July 1, 2019.
   10         (b)The amendments to this section effective October 1,
   11  2022, are prospective in nature and apply only to ordinances
   12  adopted on or after October 1, 2022.
   13         Section 2. Present subsections (3) through (6) of section
   14  125.66, Florida Statutes, are redesignated as subsections (4)
   15  through (7), respectively, a new subsection (3) is added to that
   16  section, and paragraph (a) of subsection (2) of that section is
   17  amended, to read:
   18         125.66 Ordinances; enactment procedure; emergency
   19  ordinances; rezoning or change of land use ordinances or
   20  resolutions.—
   21         (2)(a) The regular enactment procedure shall be as follows:
   22  The board of county commissioners at any regular or special
   23  meeting may enact or amend any ordinance, except as provided in
   24  subsection (5) (4), if notice of intent to consider such
   25  ordinance is given at least 10 days before such meeting by
   26  publication as provided in chapter 50. A copy of such notice
   27  shall be kept available for public inspection during the regular
   28  business hours of the office of the clerk of the board of county
   29  commissioners. The notice of proposed enactment shall state the
   30  date, time, and place of the meeting; the title or titles of
   31  proposed ordinances; and the place or places within the county
   32  where such proposed ordinances may be inspected by the public.
   33  The notice shall also advise that interested parties may appear
   34  at the meeting and be heard with respect to the proposed
   35  ordinance.
   36         (3)(a) Before the enactment of a proposed ordinance, the
   37  board of county commissioners shall prepare or cause to be
   38  prepared a business impact estimate in accordance with this
   39  subsection. The business impact estimate must be posted on the
   40  county’s website no later than the date the notice of proposed
   41  enactment is published pursuant to paragraph (2)(a) and must
   42  include all of the following:
   43         1.A summary of the proposed ordinance, including a
   44  statement of the public purpose to be served by the proposed
   45  ordinance, such as serving the public health, safety, morals,
   46  and welfare of the county.
   47         2.An estimate of the direct economic impact of the
   48  proposed ordinance on private for-profit businesses in the
   49  county, including the following, if any:
   50         a.An estimate of direct compliance costs businesses may
   51  reasonably incur if the ordinance is enacted.
   52         b.Identification of any new charge or fee on businesses
   53  subject to the proposed ordinance or for which businesses will
   54  be financially responsible.
   55         c.An estimate of the county’s regulatory costs, including
   56  an estimate of revenues from any new charges or fees that will
   57  be imposed on businesses to cover such costs.
   58         3.A good faith estimate of the number of businesses likely
   59  to be impacted by the ordinance.
   60         4.Any additional information the board determines may be
   61  useful.
   62         (b)This subsection may not be construed to require a
   63  county to procure an accountant or other financial consultant to
   64  prepare the business impact estimate required by this
   65  subsection.
   66         (c)This subsection does not apply to local ordinances
   67  enacted to implement the following:
   68         1. Part II of chapter 163;
   69         2. Section 553.73;
   70         3. Section 633.202;
   71         4.Sections 190.005 and 190.046;
   72         5. Ordinances required to comply with federal or state law
   73  or regulation;
   74         6. Ordinances related to the issuance or refinancing of
   75  debt;
   76         7. Ordinances related to the adoption of budgets or budget
   77  amendments;
   78         8. Ordinances required to implement a contract or an
   79  agreement, including, but not limited to, any federal, state,
   80  local, or private grant, or other financial assistance accepted
   81  by a county government;
   82         9.Emergency ordinances;
   83         10.Section 125.01055; or
   84         11.Ordinances related to affordable housing or residential
   85  tenant protections.
   86         Section 3. Section 125.675, Florida Statutes, is created to
   87  read:
   88         125.675 Legal challenges to certain recently enacted
   89  ordinances.—
   90         (1) A county must suspend enforcement of an ordinance that
   91  is the subject of an action, including appeals, challenging the
   92  ordinance’s validity on the grounds that it is expressly
   93  preempted by the State Constitution or by state law or is
   94  arbitrary or unreasonable if:
   95         (a) The action was filed with the court no later than 90
   96  days after the adoption of the ordinance;
   97         (b) The complainant requests suspension in the initial
   98  complaint or petition, citing this section; and
   99         (c) The county has been served with a copy of the complaint
  100  or petition.
  101         (2)When there is an appeal to a case in which the
  102  enforcement of an ordinance is suspended under this section, the
  103  appellate court may lift the suspension if the local government
  104  prevailed in the lower court.
  105         (3) The court shall give cases in which the enforcement of
  106  an ordinance is suspended under this section priority over other
  107  pending cases and shall render a preliminary or final decision
  108  on the validity of the ordinance as expeditiously as possible.
  109         (4)The signature of an attorney or a party constitutes a
  110  certificate that he or she has read the pleading, motion, or
  111  other paper and that, to the best of his or her knowledge,
  112  information, and belief formed after reasonable inquiry, it is
  113  not interposed for any improper purpose, such as to harass or to
  114  cause unnecessary delay, or for economic advantage, competitive
  115  reasons, or frivolous purposes or needless increase in the cost
  116  of litigation. If a pleading, motion, or other paper is signed
  117  in violation of these requirements, the court, upon its own
  118  initiative, shall impose upon the person who signed it, a
  119  represented party, or both, an appropriate sanction, which may
  120  include an order to pay to the other party or parties the amount
  121  of reasonable expenses incurred because of the filing of the
  122  pleading, motion, or other paper, including reasonable attorney
  123  fees.
  124         (5) This section does not apply to local ordinances enacted
  125  to implement the following:
  126         (a)Part II of chapter 163;
  127         (b)Section 553.73;
  128         (c)Section 633.202;
  129         (d) Sections 190.005 and 190.046;
  130         (e)Ordinances required to comply with federal or state law
  131  or regulation;
  132         (f)Ordinances related to the issuance or refinancing of
  133  debt;
  134         (g)Ordinances related to the adoption of budgets or budget
  135  amendments;
  136         (h)Ordinances required to implement a contract or an
  137  agreement, including, but not limited to, any federal, state,
  138  local, or private grant, or other financial assistance accepted
  139  by a county government;
  140         (i)Emergency ordinances;
  141         (j)Section 125.01055; or
  142         (k)Ordinances related to affordable housing or residential
  143  tenant protections.
  144         (6) The court may award attorney fees and costs and damages
  145  as provided in s. 57.112.
  146         Section 4. Present subsections (4) through (8) of section
  147  166.041, Florida Statutes, are redesignated as subsections (5)
  148  through (9), respectively, and a new subsection (4) is added to
  149  that section, to read:
  150         166.041 Procedures for adoption of ordinances and
  151  resolutions.—
  152         (4)(a) Before the enactment of a proposed ordinance, the
  153  governing body of a municipality shall prepare or cause to be
  154  prepared a business impact estimate in accordance with this
  155  subsection. The business impact estimate must be posted on the
  156  municipality’s website no later than the date the notice of
  157  proposed enactment is published pursuant to paragraph (3)(a) and
  158  must include all of the following:
  159         1.A summary of the proposed ordinance, including a
  160  statement of the public purpose to be served by the proposed
  161  ordinance, such as serving the public health, safety, morals,
  162  and welfare of the municipality.
  163         2.An estimate of the direct economic impact of the
  164  proposed ordinance on private for-profit businesses in the
  165  municipality, including the following, if any:
  166         a.An estimate of direct compliance costs businesses may
  167  reasonably incur if the ordinance is enacted;
  168         b.Identification of any new charge or fee on businesses
  169  subject to the proposed ordinance, or for which businesses will
  170  be financially responsible; and
  171         c.An estimate of the municipality’s regulatory costs,
  172  including an estimate of revenues from any new charges or fees
  173  that will be imposed on businesses to cover such costs.
  174         3.A good faith estimate of the number of businesses likely
  175  to be impacted by the ordinance.
  176         4.Any additional information the governing body determines
  177  may be useful.
  178         (b)This subsection may not be construed to require a
  179  municipality to procure an accountant or other financial
  180  consultant to prepare the business impact estimate required by
  181  this subsection.
  182         (c)This subsection does not apply to local ordinances
  183  enacted to implement the following:
  184         1. Part II of chapter 163;
  185         2. Section 553.73;
  186         3. Section 633.202;
  187         4.Sections 190.005 and 190.046;
  188         5. Ordinances required to comply with federal or state law
  189  or regulation;
  190         6. Ordinances related to the issuance or refinancing of
  191  debt;
  192         7. Ordinances related to the adoption of budgets or budget
  193  amendments;
  194         8. Ordinances required to implement a contract or an
  195  agreement, including, but not limited to, any federal, state,
  196  local, or private grant, or other financial assistance accepted
  197  by a local government;
  198         9.Emergency ordinances;
  199         10.Section 166.04151; or
  200         11.Ordinances related to affordable housing or residential
  201  tenant protections.
  202         Section 5. Section 166.0411, Florida Statutes, is created
  203  to read:
  204         166.0411 Legal challenges to certain recently enacted
  205  ordinances.—
  206         (1) A municipality must suspend enforcement of an ordinance
  207  that is the subject of an action, including appeals, challenging
  208  the ordinance’s validity on the grounds that it is expressly
  209  preempted by the State Constitution or by state law or is
  210  arbitrary or unreasonable if:
  211         (a) The action was filed with the court no later than 90
  212  days after the adoption of the ordinance;
  213         (b) The complainant requests suspension in the initial
  214  complaint or petition, citing this section; and
  215         (c) The municipality has been served with a copy of the
  216  complaint or petition.
  217         (2)When there is an appeal to a case in which the
  218  enforcement of an ordinance is suspended under this section, the
  219  appellate court may lift the suspension if the local government
  220  prevailed in the lower court.
  221         (3) The court shall give cases in which the enforcement of
  222  an ordinance is suspended under this section priority over other
  223  pending cases and shall render a preliminary or final decision
  224  on the validity of the ordinance as expeditiously as possible.
  225         (4)The signature of an attorney or a party constitutes a
  226  certificate that he or she has read the pleading, motion, or
  227  other paper and that, to the best of his or her knowledge,
  228  information, and belief formed after reasonable inquiry, it is
  229  not interposed for any improper purpose, such as to harass or to
  230  cause unnecessary delay, or for economic advantage, competitive
  231  reasons, or frivolous purposes or needless increase in the cost
  232  of litigation. If a pleading, motion, or other paper is signed
  233  in violation of these requirements, the court, upon its own
  234  initiative, shall impose upon the person who signed it, a
  235  represented party, or both, an appropriate sanction, which may
  236  include an order to pay to the other party or parties the amount
  237  of reasonable expenses incurred because of the filing of the
  238  pleading, motion, or other paper, including reasonable attorney
  239  fees.
  240         (5) This section does not apply to local ordinances enacted
  241  to implement the following:
  242         (a)Part II of chapter 163;
  243         (b)Section 553.73;
  244         (c)Section 633.202;
  245         (d)Sections 190.005 and 190.046;
  246         (e)Ordinances required to comply with federal or state law
  247  or regulation;
  248         (f)Ordinances related to the issuance or refinancing of
  249  debt;
  250         (g)Ordinances related to the adoption of budgets or budget
  251  amendments;
  252         (h)Ordinances required to implement a contract or an
  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         (i)Emergency ordinances;
  257         (j)Section 166.04151; or
  258         (k)Ordinances related to affordable housing or residential
  259  tenant protections.