Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for CS for SB 170
Ì654388UÎ654388
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
03/08/2023 06:04 PM .
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Senator Trumbull moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 113 - 298
4 and insert:
5 Section 2. Effective upon becoming a law, subsection (7) is
6 added to section 125.66, Florida Statutes, to read:
7 125.66 Ordinances; enactment procedure; emergency
8 ordinances; rezoning or change of land use ordinances or
9 resolutions.—
10 (7) Consideration of the proposed ordinance or resolution
11 at a properly noticed meeting may be continued to a subsequent
12 meeting if, at the scheduled meeting, the date, time, and place
13 of the subsequent meeting is publicly stated. No further
14 publication, mailing, or posted notice as required under this
15 section is required, except that the continued consideration
16 must be listed in an agenda or similar communication produced
17 for the subsequent meeting. This subsection is remedial in
18 nature, is intended to clarify existing law, and shall apply
19 retroactively except as to a court challenge under this section
20 that was filed by January 1, 2023.
21 Section 3. Present subsections (3) through (7) of section
22 125.66, Florida Statutes, as amended by this act, are
23 redesignated as subsections (4) through (8), respectively, a new
24 subsection (3) is added to that section, and paragraph (a) of
25 subsection (2) of that section is amended, to read:
26 125.66 Ordinances; enactment procedure; emergency
27 ordinances; rezoning or change of land use ordinances or
28 resolutions.—
29 (2)(a) The regular enactment procedure is shall be as
30 follows: The board of county commissioners at any regular or
31 special meeting may enact or amend any ordinance, except as
32 provided in subsection (5) (4), if notice of intent to consider
33 such ordinance is given at least 10 days before such meeting by
34 publication as provided in chapter 50. A copy of such notice
35 must shall be kept available for public inspection during the
36 regular business hours of the office of the clerk of the board
37 of county commissioners. The notice of proposed enactment must
38 shall state the date, time, and place of the meeting; the title
39 or titles of proposed ordinances; and the place or places within
40 the county where such proposed ordinances may be inspected by
41 the public. The notice must shall also advise that interested
42 parties may appear at the meeting and be heard with respect to
43 the proposed ordinance.
44 (3)(a) Before the enactment of a proposed ordinance, the
45 board of county commissioners shall prepare or cause to be
46 prepared a business impact estimate in accordance with this
47 subsection. The business impact estimate must be posted on the
48 county’s website no later than the date the notice of proposed
49 enactment is published pursuant to paragraph (2)(a) and must
50 include all of the following:
51 1. A summary of the proposed ordinance, including a
52 statement of the public purpose to be served by the proposed
53 ordinance, such as serving the public health, safety, morals,
54 and welfare of the county.
55 2. An estimate of the direct economic impact of the
56 proposed ordinance on private, for-profit businesses in the
57 county, including the following, if any:
58 a. An estimate of direct compliance costs that businesses
59 may reasonably incur if the ordinance is enacted.
60 b. Identification of any new charge or fee on businesses
61 subject to the proposed ordinance or for which businesses will
62 be financially responsible.
63 c. An estimate of the county’s regulatory costs, including
64 an estimate of revenues from any new charges or fees that will
65 be imposed on businesses to cover such costs.
66 3. A good faith estimate of the number of businesses likely
67 to be impacted by the ordinance.
68 4. Any additional information the board determines may be
69 useful.
70 (b) This subsection may not be construed to require a
71 county to procure an accountant or other financial consultant to
72 prepare the business impact estimate required by this
73 subsection.
74 (c) This subsection does not apply to:
75 1. Ordinances required for compliance with federal or state
76 law or regulation;
77 2. Ordinances relating to the issuance or refinancing of
78 debt;
79 3. Ordinances relating to the adoption of budgets or budget
80 amendments, including revenue sources necessary to fund the
81 budget;
82 4. Ordinances required to implement a contract or an
83 agreement, including, but not limited to, any federal, state,
84 local, or private grant, or other financial assistance accepted
85 by a county government;
86 5. Emergency ordinances;
87 6. Ordinances relating to procurement; or
88 7. Ordinances enacted to implement the following:
89 a. Part II of chapter 163, relating to growth policy,
90 county and municipal planning, and land development regulation,
91 including zoning, development orders, development agreements,
92 and development permits;
93 b. Sections 190.005 and 190.046;
94 c. Section 553.73, relating to the Florida Building Code;
95 or
96 d. Section 633.202, relating to the Florida Fire Prevention
97 Code.
98 Section 4. Section 125.675, Florida Statutes, is created to
99 read:
100 125.675 Legal challenges to certain recently enacted
101 ordinances.—
102 (1) A county must suspend enforcement of an ordinance that
103 is the subject of an action challenging the ordinance’s validity
104 on the grounds that it is expressly preempted by the State
105 Constitution or by state law or is arbitrary or unreasonable if:
106 (a) The action was filed with the court no later than 90
107 days after the adoption of the ordinance;
108 (b) The plaintiff requests suspension in the initial
109 complaint or petition, citing this section; and
110 (c) The county has been served with a copy of the complaint
111 or petition.
112 (2) When the plaintiff appeals a final judgment finding
113 that an ordinance is valid and enforceable, the county may
114 enforce the ordinance 45 days after the entry of the order
115 unless the plaintiff obtains a stay of the lower court’s order.
116 (3) The court shall give cases in which the enforcement of
117 an ordinance is suspended under this section priority over other
118 pending cases and shall render a preliminary or final decision
119 on the validity of the ordinance as expeditiously as possible.
120 (4) The signature of an attorney or a party constitutes a
121 certificate that he or she has read the pleading, motion, or
122 other paper and that, to the best of his or her knowledge,
123 information, and belief formed after reasonable inquiry, it is
124 not interposed for any improper purpose, such as to harass or to
125 cause unnecessary delay, or for economic advantage, competitive
126 reasons, or frivolous purposes or needless increase in the cost
127 of litigation. If a pleading, motion, or other paper is signed
128 in violation of these requirements, the court, upon its own
129 initiative or upon favorably ruling on a party’s motion for
130 sanctions, must impose upon the person who signed it, a
131 represented party, or both, an appropriate sanction, which may
132 include an order to pay to the other party or parties the amount
133 of reasonable expenses incurred because of the filing of the
134 pleading, motion, or other paper, including reasonable attorney
135 fees.
136 (5) This section does not apply to:
137 (a) Ordinances required for compliance with federal or
138 state law or regulation;
139 (b) Ordinances relating to the issuance or refinancing of
140 debt;
141 (c) Ordinances relating to the adoption of budgets or
142 budget amendments, including revenue sources necessary to fund
143 the budget;
144 (d) Ordinances required to implement a contract or an
145 agreement, including, but not limited to, any federal, state,
146 local, or private grant, or other financial assistance accepted
147 by a county government;
148 (e) Emergency ordinances;
149 (f) Ordinances relating to procurement; or
150 (g) Ordinances enacted to implement the following:
151 1. Part II of chapter 163, relating to growth policy,
152 county and municipal planning, and land development regulation,
153 including zoning, development orders, development agreements,
154 and development permits;
155 2. Sections 190.005 and 190.046;
156 3. Section 553.73, relating to the Florida Building Code;
157 or
158 4. Section 633.202, relating to the Florida Fire Prevention
159 Code.
160 (6) The court may award attorney fees and costs and damages
161 as provided in s. 57.112.
162 Section 5. Effective upon becoming a law, paragraph (d) is
163 added to subsection (3) of section 166.041, Florida Statutes,
164 and paragraph (a) of that subsection is amended, to read:
165 166.041 Procedures for adoption of ordinances and
166 resolutions.—
167 (3)(a) Except as provided in paragraphs paragraph (c) and
168 (d), a proposed ordinance may be read by title, or in full, on
169 at least 2 separate days and shall, at least 10 days prior to
170 adoption, be noticed once in a newspaper of general circulation
171 in the municipality. The notice of proposed enactment shall
172 state the date, time, and place of the meeting; the title or
173 titles of proposed ordinances; and the place or places within
174 the municipality where such proposed ordinances may be inspected
175 by the public. The notice shall also advise that interested
176 parties may appear at the meeting and be heard with respect to
177 the proposed ordinance.
178 (d) Consideration of the proposed ordinance at a meeting
179 properly noticed pursuant to this subsection may be continued to
180 a subsequent meeting if, at the meeting, the date, time, and
181 place of the subsequent meeting is publicly stated. No further
182 publication, mailing, or posted notice as required under this
183 subsection is required, except that the continued consideration
184 must be listed in an agenda or similar communication produced
185 for the subsequent meeting. This paragraph is remedial in
186 nature, is intended to clarify existing law, and shall apply
187 retroactively except as to a court challenge under this section
188 that was filed by January 1, 2023.
189
190 ================= T I T L E A M E N D M E N T ================
191 And the title is amended as follows:
192 Delete line 10
193 and insert:
194 meetings on proposed ordinances and resolutions for
195 counties