Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 280
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Farmer moved the following:
       
    1         Senate Substitute for Amendment (349788) (with title
    2  amendment)
    3  
    4         Delete lines 94 - 335
    5  and insert:
    6  633.202 or to local ordinances related to affordable housing or
    7  residential tenant protections.
    8         (7)(a)(6)Except as provided in paragraph (b), this section
    9  is intended to be prospective in nature and applies shall apply
   10  only to cases commenced on or after July 1, 2019.
   11         (b)The amendments to this section effective October 1,
   12  2022, are prospective in nature and apply only to ordinances
   13  adopted on or after October 1, 2022.
   14         Section 2. Present subsections (3) through (6) of section
   15  125.66, Florida Statutes, are redesignated as subsections (4)
   16  through (7), respectively, a new subsection (3) is added to that
   17  section, and paragraph (a) of subsection (2) of that section is
   18  amended, to read:
   19         125.66 Ordinances; enactment procedure; emergency
   20  ordinances; rezoning or change of land use ordinances or
   21  resolutions.—
   22         (2)(a) The regular enactment procedure shall be as follows:
   23  The board of county commissioners at any regular or special
   24  meeting may enact or amend any ordinance, except as provided in
   25  subsection (5) (4), if notice of intent to consider such
   26  ordinance is given at least 10 days before such meeting by
   27  publication as provided in chapter 50. A copy of such notice
   28  shall be kept available for public inspection during the regular
   29  business hours of the office of the clerk of the board of county
   30  commissioners. The notice of proposed enactment shall state the
   31  date, time, and place of the meeting; the title or titles of
   32  proposed ordinances; and the place or places within the county
   33  where such proposed ordinances may be inspected by the public.
   34  The notice shall also advise that interested parties may appear
   35  at the meeting and be heard with respect to the proposed
   36  ordinance.
   37         (3)(a) Before the enactment of a proposed ordinance, the
   38  board of county commissioners shall prepare or cause to be
   39  prepared a business impact estimate in accordance with this
   40  subsection. The business impact estimate must be posted on the
   41  county’s website no later than the date the notice of proposed
   42  enactment is published pursuant to paragraph (2)(a) and must
   43  include all of the following:
   44         1.A summary of the proposed ordinance, including a
   45  statement of the public purpose to be served by the proposed
   46  ordinance, such as serving the public health, safety, morals,
   47  and welfare of the county.
   48         2.An estimate of the direct economic impact of the
   49  proposed ordinance on private for-profit businesses in the
   50  county, including the following, if any:
   51         a.An estimate of direct compliance costs businesses may
   52  reasonably incur if the ordinance is enacted.
   53         b.Identification of any new charge or fee on businesses
   54  subject to the proposed ordinance or for which businesses will
   55  be financially responsible.
   56         c.An estimate of the county’s regulatory costs, including
   57  an estimate of revenues from any new charges or fees that will
   58  be imposed on businesses to cover such costs.
   59         3.A good faith estimate of the number of businesses likely
   60  to be impacted by the ordinance.
   61         4.Any additional information the board determines may be
   62  useful.
   63         (b)This subsection may not be construed to require a
   64  county to procure an accountant or other financial consultant to
   65  prepare the business impact estimate required by this
   66  subsection.
   67         (c)This subsection does not apply to local ordinances
   68  enacted to implement the following:
   69         1. Part II of chapter 163;
   70         2. Section 553.73;
   71         3. Section 633.202;
   72         4.Sections 190.005 and 190.046;
   73         5. Ordinances required to comply with federal or state law
   74  or regulation;
   75         6. Ordinances related to the issuance or refinancing of
   76  debt;
   77         7. Ordinances related to the adoption of budgets or budget
   78  amendments;
   79         8. Ordinances required to implement a contract or an
   80  agreement, including, but not limited to, any federal, state,
   81  local, or private grant, or other financial assistance accepted
   82  by a county government;
   83         9.Emergency ordinances; or
   84         10.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 challenging the ordinance’s validity
   92  on the grounds that it is expressly preempted by the State
   93  Constitution or by state law or is arbitrary or unreasonable if:
   94         (a) The action was filed with the court no later than 90
   95  days after the adoption of the ordinance;
   96         (b) The complainant requests suspension in the initial
   97  complaint or petition, citing this section; and
   98         (c) The county has been served with a copy of the complaint
   99  or petition.
  100         (2)When the plaintiff appeals a final judgment finding
  101  that an ordinance is valid and enforceable, the county may
  102  enforce the ordinance 30 days after the entry of the order
  103  unless the plaintiff files a motion for a stay of the lower
  104  tribunal’s order which is granted by the appellate 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; or
  141         (j)Ordinances related to affordable housing or residential
  142  tenant protections.
  143         (6) The court may award attorney fees and costs and damages
  144  as provided in s. 57.112.
  145         Section 4. Present subsections (4) through (8) of section
  146  166.041, Florida Statutes, are redesignated as subsections (5)
  147  through (9), respectively, and a new subsection (4) is added to
  148  that section, to read:
  149         166.041 Procedures for adoption of ordinances and
  150  resolutions.—
  151         (4)(a) Before the enactment of a proposed ordinance, the
  152  governing body of a municipality shall prepare or cause to be
  153  prepared a business impact estimate in accordance with this
  154  subsection. The business impact estimate must be posted on the
  155  municipality’s website no later than the date the notice of
  156  proposed enactment is published pursuant to paragraph (3)(a) and
  157  must include all of the following:
  158         1.A summary of the proposed ordinance, including a
  159  statement of the public purpose to be served by the proposed
  160  ordinance, such as serving the public health, safety, morals,
  161  and welfare of the municipality.
  162         2.An estimate of the direct economic impact of the
  163  proposed ordinance on private for-profit businesses in the
  164  municipality, including the following, if any:
  165         a.An estimate of direct compliance costs businesses may
  166  reasonably incur if the ordinance is enacted;
  167         b.Identification of any new charge or fee on businesses
  168  subject to the proposed ordinance, or for which businesses will
  169  be financially responsible; and
  170         c.An estimate of the municipality’s regulatory costs,
  171  including an estimate of revenues from any new charges or fees
  172  that will be imposed on businesses to cover such costs.
  173         3.A good faith estimate of the number of businesses likely
  174  to be impacted by the ordinance.
  175         4.Any additional information the governing body determines
  176  may be useful.
  177         (b)This subsection may not be construed to require a
  178  municipality to procure an accountant or other financial
  179  consultant to prepare the business impact estimate required by
  180  this subsection.
  181         (c)This subsection does not apply to local ordinances
  182  enacted to implement the following:
  183         1. Part II of chapter 163;
  184         2. Section 553.73;
  185         3. Section 633.202;
  186         4.Sections 190.005 and 190.046;
  187         5. Ordinances required to comply with federal or state law
  188  or regulation;
  189         6. Ordinances related to the issuance or refinancing of
  190  debt;
  191         7. Ordinances related to the adoption of budgets or budget
  192  amendments;
  193         8. Ordinances required to implement a contract or an
  194  agreement, including, but not limited to, any federal, state,
  195  local, or private grant, or other financial assistance accepted
  196  by a local government;
  197         9.Emergency ordinances; or
  198         10.Ordinances related to affordable housing or residential
  199  tenant protections.
  200         Section 5. Section 166.0411, Florida Statutes, is created
  201  to read:
  202         166.0411 Legal challenges to certain recently enacted
  203  ordinances.—
  204         (1) A municipality must suspend enforcement of an ordinance
  205  that is the subject of an action challenging the ordinance’s
  206  validity on the grounds that it is expressly preempted by the
  207  State Constitution or by state law or is arbitrary or
  208  unreasonable if:
  209         (a) The action was filed with the court no later than 90
  210  days after the adoption of the ordinance;
  211         (b) The complainant requests suspension in the initial
  212  complaint or petition, citing this section; and
  213         (c) The municipality has been served with a copy of the
  214  complaint or petition.
  215         (2)When the plaintiff appeals a final judgment finding
  216  that an ordinance is valid and enforceable, the municipality may
  217  enforce the ordinance 30 days after the entry of the order
  218  unless the plaintiff files a motion for a stay of the lower
  219  tribunal’s order which is granted by the appellate court.
  220         (3) The court shall give cases in which the enforcement of
  221  an ordinance is suspended under this section priority over other
  222  pending cases and shall render a preliminary or final decision
  223  on the validity of the ordinance as expeditiously as possible.
  224         (4)The signature of an attorney or a party constitutes a
  225  certificate that he or she has read the pleading, motion, or
  226  other paper and that, to the best of his or her knowledge,
  227  information, and belief formed after reasonable inquiry, it is
  228  not interposed for any improper purpose, such as to harass or to
  229  cause unnecessary delay, or for economic advantage, competitive
  230  reasons, or frivolous purposes or needless increase in the cost
  231  of litigation. If a pleading, motion, or other paper is signed
  232  in violation of these requirements, the court, upon its own
  233  initiative, shall impose upon the person who signed it, a
  234  represented party, or both, an appropriate sanction, which may
  235  include an order to pay to the other party or parties the amount
  236  of reasonable expenses incurred because of the filing of the
  237  pleading, motion, or other paper, including reasonable attorney
  238  fees.
  239         (5) This section does not apply to local ordinances enacted
  240  to implement the following:
  241         (a)Part II of chapter 163;
  242         (b)Section 553.73;
  243         (c)Section 633.202;
  244         (d)Sections 190.005 and 190.046;
  245         (e)Ordinances required to comply with federal or state law
  246  or regulation;
  247         (f)Ordinances related to the issuance or refinancing of
  248  debt;
  249         (g)Ordinances related to the adoption of budgets or budget
  250  amendments;
  251         (h)Ordinances required to implement a contract or an
  252  agreement, including, but not limited to, any federal, state,
  253  local, or private grant, or other financial assistance accepted
  254  by a municipal government;
  255         (i)Emergency ordinances; or
  256         (j)Ordinances related to affordable housing or residential
  257  tenant protections.
  258  
  259  ================= T I T L E  A M E N D M E N T ================
  260  And the title is amended as follows:
  261         Delete lines 16 - 34
  262  and insert:
  263         action if certain conditions are met; authorizing a
  264         prevailing county to enforce the ordinance after a
  265         specified period, except under certain circumstances;
  266         requiring courts to give priority to certain cases;
  267         providing construction relating to an attorney’s or a
  268         party’s signature; requiring a court to impose
  269         sanctions under certain circumstances; providing
  270         applicability; authorizing courts to award attorney
  271         fees and costs and damages under certain
  272         circumstances; amending s. 166.041, F.S.; requiring a
  273         governing body of a municipality to prepare or cause
  274         to be prepared a business impact estimate before the
  275         enactment of a proposed ordinance; specifying
  276         requirements for the posting and content of the
  277         estimate; providing construction and applicability;
  278         creating s. 166.0411, F.S.; requiring a municipality
  279         to suspend enforcement of an ordinance that is the
  280         subject of a certain legal action if certain
  281         conditions are met; authorizing a prevailing
  282         municipality to enforce the ordinance after a
  283         specified period, except under certain circumstances;