ENROLLED
       2023 Legislature             CS for CS for SB 170, 2nd Engrossed
       
       
       
       
       
       
                                                              2023170er
    1  
    2         An act relating to local ordinances; amending s.
    3         57.112, F.S.; authorizing courts to assess and award
    4         reasonable attorney fees and costs and damages in
    5         certain civil actions filed against local governments;
    6         specifying a limitation on awards and a restriction on
    7         fees and costs of certain litigation; providing
    8         construction and applicability; amending s. 125.66,
    9         F.S.; providing certain procedures for continued
   10         meetings on proposed ordinances and resolutions for
   11         counties; providing for construction and retroactive
   12         application; requiring a board of county commissioners
   13         to prepare or cause to be prepared a business impact
   14         estimate before the enactment of a proposed ordinance;
   15         specifying requirements for the posting and content of
   16         the estimate; providing construction and
   17         applicability; creating s. 125.675, F.S.; requiring a
   18         county to suspend enforcement of an ordinance that is
   19         the subject of a certain legal action if certain
   20         conditions are met; authorizing a prevailing county to
   21         enforce the ordinance after a specified period, except
   22         under certain circumstances; requiring courts to give
   23         priority to certain cases; providing construction
   24         relating to an attorney’s or a party’s signature;
   25         requiring a court to impose sanctions under certain
   26         circumstances; providing applicability; authorizing
   27         courts to award attorney fees and costs and damages if
   28         certain conditions are met; amending s. 166.041, F.S.;
   29         providing certain procedures for continued meetings on
   30         proposed ordinances for municipalities; providing for
   31         construction and retroactive application; requiring a
   32         governing body of a municipality to prepare or cause
   33         to be prepared a business impact estimate before the
   34         enactment of a proposed ordinance; specifying
   35         requirements for the posting and content of the
   36         estimate; providing construction and applicability;
   37         creating s. 166.0411, F.S.; requiring a municipality
   38         to suspend enforcement of an ordinance that is the
   39         subject of a certain legal action if certain
   40         conditions are met; authorizing a prevailing
   41         municipality to enforce the ordinance after a
   42         specified period, except under certain circumstances;
   43         requiring courts to give priority to certain cases;
   44         providing construction relating to an attorney’s or a
   45         party’s signature; requiring a court to impose
   46         sanctions under certain circumstances; providing
   47         applicability; authorizing courts to award attorney
   48         fees and costs and damages if certain conditions are
   49         met; amending ss. 163.2517, 163.3181, 163.3215,
   50         376.80, 497.270, 562.45, and 847.0134, F.S.;
   51         conforming cross-references and making technical
   52         changes; providing a declaration of important state
   53         interest; providing effective dates.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 57.112, Florida Statutes, is amended to
   58  read:
   59         57.112 Attorney fees and costs and damages; arbitrary,
   60  unreasonable, or expressly preempted local ordinances actions.—
   61         (1) As used in this section, the term “attorney fees and
   62  costs” means the reasonable and necessary attorney fees and
   63  costs incurred for all preparations, motions, hearings, trials,
   64  and appeals in a proceeding.
   65         (2) If a civil action is filed against a local government
   66  to challenge the adoption or enforcement of a local ordinance on
   67  the grounds that it is expressly preempted by the State
   68  Constitution or by state law, the court shall assess and award
   69  reasonable attorney fees and costs and damages to the prevailing
   70  party.
   71         (3) If a civil action is filed against a local government
   72  to challenge the adoption of a local ordinance on the grounds
   73  that the ordinance is arbitrary or unreasonable, the court may
   74  assess and award reasonable attorney fees and costs and damages
   75  to a prevailing plaintiff. An award of reasonable attorney fees
   76  or costs and damages pursuant to this subsection may not exceed
   77  $50,000. In addition, a prevailing plaintiff may not recover any
   78  attorney fees or costs directly incurred by or associated with
   79  litigation to determine an award of reasonable attorney fees or
   80  costs.
   81         (4) Attorney fees and costs and damages may not be awarded
   82  pursuant to this section if:
   83         (a) The governing body of a local governmental entity
   84  receives written notice that an ordinance that has been publicly
   85  noticed or adopted is expressly preempted by the State
   86  Constitution or state law or is arbitrary or unreasonable; and
   87         (b) The governing body of the local governmental entity
   88  withdraws the proposed ordinance within 30 days; or, in the case
   89  of an adopted ordinance, the governing body of a local
   90  government notices an intent to repeal the ordinance within 30
   91  days after of receipt of the notice and repeals the ordinance
   92  within 30 days thereafter.
   93         (5)(4) The provisions in this section are supplemental to
   94  all other sanctions or remedies available under law or court
   95  rule. However, this section may not be construed to authorize
   96  double recovery if an affected person prevails on a claim
   97  brought against a local government pursuant to other applicable
   98  law involving the same ordinance, operative acts, or
   99  transactions.
  100         (6)(5) This section does not apply to local ordinances
  101  adopted pursuant to part II of chapter 163, s. 553.73, or s.
  102  633.202.
  103         (7)(a)(6)Except as provided in paragraph (b), this section
  104  is intended to be prospective in nature and applies shall apply
  105  only to cases commenced on or after July 1, 2019.
  106         (b)The amendments to this section effective October 1,
  107  2023, are prospective in nature and apply only to ordinances
  108  adopted on or after October 1, 2023.
  109         (c)An amendment to an ordinance enacted after October 1,
  110  2023, gives rise to a claim under this section only to the
  111  extent that the application of the amendatory language is the
  112  cause of the claim apart from the ordinance being amended.
  113         Section 2. Effective upon becoming a law, subsection (7) is
  114  added to section 125.66, Florida Statutes, to read:
  115         125.66 Ordinances; enactment procedure; emergency
  116  ordinances; rezoning or change of land use ordinances or
  117  resolutions.—
  118         (7) Consideration of the proposed county ordinance or
  119  county resolution at a properly noticed meeting may be continued
  120  to a subsequent meeting if, at the scheduled meeting, the date,
  121  time, and place of the subsequent meeting is publicly stated. No
  122  further publication, mailing, or posted notice as required under
  123  this section is required, except that the continued
  124  consideration must be listed in an agenda or similar
  125  communication produced for the subsequent meeting. This
  126  subsection is remedial in nature, is intended to clarify
  127  existing law, and shall apply retroactively.
  128         Section 3. Present subsections (3) through (7) of section
  129  125.66, Florida Statutes, as amended by this act, are
  130  redesignated as subsections (4) through (8), respectively, a new
  131  subsection (3) is added to that section, and paragraph (a) of
  132  subsection (2) of that section is amended, to read:
  133         125.66 Ordinances; enactment procedure; emergency
  134  ordinances; rezoning or change of land use ordinances or
  135  resolutions.—
  136         (2)(a) The regular enactment procedure is shall be as
  137  follows: The board of county commissioners at any regular or
  138  special meeting may enact or amend any ordinance, except as
  139  provided in subsection (5) (4), if notice of intent to consider
  140  such ordinance is given at least 10 days before such meeting by
  141  publication as provided in chapter 50. A copy of such notice
  142  must shall be kept available for public inspection during the
  143  regular business hours of the office of the clerk of the board
  144  of county commissioners. The notice of proposed enactment must
  145  shall state the date, time, and place of the meeting; the title
  146  or titles of proposed ordinances; and the place or places within
  147  the county where such proposed ordinances may be inspected by
  148  the public. The notice must shall also advise that interested
  149  parties may appear at the meeting and be heard with respect to
  150  the proposed ordinance.
  151         (3)(a) Before the enactment of a proposed ordinance, the
  152  board of county commissioners 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  county’s website no later than the date the notice of proposed
  156  enactment is published pursuant to paragraph (2)(a) and must
  157  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 county.
  162         2. An estimate of the direct economic impact of the
  163  proposed ordinance on private, for-profit businesses in the
  164  county, including the following, if any:
  165         a. An estimate of direct compliance costs that businesses
  166  may 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.
  170         c. An estimate of the county’s regulatory costs, including
  171  an estimate of revenues from any new charges or fees that will
  172  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 board determines may be
  176  useful.
  177         (b) This subsection may not be construed to require a
  178  county to procure an accountant or other financial consultant to
  179  prepare the business impact estimate required by this
  180  subsection.
  181         (c) This subsection does not apply to:
  182         1. Ordinances required for compliance with federal or state
  183  law or regulation;
  184         2. Ordinances relating to the issuance or refinancing of
  185  debt;
  186         3. Ordinances relating to the adoption of budgets or budget
  187  amendments, including revenue sources necessary to fund the
  188  budget;
  189         4. Ordinances required to implement a contract or an
  190  agreement, including, but not limited to, any federal, state,
  191  local, or private grant, or other financial assistance accepted
  192  by a county government;
  193         5. Emergency ordinances;
  194         6. Ordinances relating to procurement; or
  195         7. Ordinances enacted to implement the following:
  196         a. Part II of chapter 163, relating to growth policy,
  197  county and municipal planning, and land development regulation,
  198  including zoning, development orders, development agreements,
  199  and development permits;
  200         b. Sections 190.005 and 190.046;
  201         c. Section 553.73, relating to the Florida Building Code;
  202  or
  203         d. Section 633.202, relating to the Florida Fire Prevention
  204  Code.
  205         Section 4. Section 125.675, Florida Statutes, is created to
  206  read:
  207         125.675 Legal challenges to certain recently enacted
  208  ordinances.—
  209         (1) A county must suspend enforcement of an ordinance that
  210  is the subject of an action challenging the ordinance’s validity
  211  on the grounds that it is expressly preempted by the State
  212  Constitution or by state law or is arbitrary or unreasonable if:
  213         (a) The action was filed with the court no later than 90
  214  days after the adoption of the ordinance;
  215         (b) The plaintiff requests suspension in the initial
  216  complaint or petition, citing this section; and
  217         (c) The county has been served with a copy of the complaint
  218  or petition.
  219         (2) When the plaintiff appeals a final judgment finding
  220  that an ordinance is valid and enforceable, the county may
  221  enforce the ordinance 45 days after the entry of the order
  222  unless the plaintiff obtains a stay of the lower court’s order.
  223         (3) The court shall give cases in which the enforcement of
  224  an ordinance is suspended under this section priority over other
  225  pending cases and shall render a preliminary or final decision
  226  on the validity of the ordinance as expeditiously as possible.
  227         (4) The signature of an attorney or a party constitutes a
  228  certificate that he or she has read the pleading, motion, or
  229  other paper and that, to the best of his or her knowledge,
  230  information, and belief formed after reasonable inquiry, it is
  231  not interposed for any improper purpose, such as to harass or to
  232  cause unnecessary delay, or for economic advantage, competitive
  233  reasons, or frivolous purposes or needless increase in the cost
  234  of litigation. If a pleading, motion, or other paper is signed
  235  in violation of these requirements, the court, upon its own
  236  initiative or upon favorably ruling on a party’s motion for
  237  sanctions, must impose upon the person who signed it, a
  238  represented party, or both, an appropriate sanction, which may
  239  include an order to pay to the other party or parties the amount
  240  of reasonable expenses incurred because of the filing of the
  241  pleading, motion, or other paper, including reasonable attorney
  242  fees.
  243         (5) This section does not apply to:
  244         (a) Ordinances required for compliance with federal or
  245  state law or regulation;
  246         (b) Ordinances relating to the issuance or refinancing of
  247  debt;
  248         (c) Ordinances relating to the adoption of budgets or
  249  budget amendments, including revenue sources necessary to fund
  250  the budget;
  251         (d) 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 county government;
  255         (e) Emergency ordinances;
  256         (f) Ordinances relating to procurement; or
  257         (g) Ordinances enacted to implement the following:
  258         1. Part II of chapter 163, relating to growth policy,
  259  county and municipal planning, and land development regulation,
  260  including zoning, development orders, development agreements,
  261  and development permits;
  262         2. Sections 190.005 and 190.046;
  263         3. Section 553.73, relating to the Florida Building Code;
  264  or
  265         4. Section 633.202, relating to the Florida Fire Prevention
  266  Code.
  267         (6) The court may award attorney fees and costs and damages
  268  as provided in s. 57.112.
  269         Section 5. Effective upon becoming a law, paragraph (d) is
  270  added to subsection (3) of section 166.041, Florida Statutes,
  271  and paragraph (a) of that subsection is amended, to read:
  272         166.041 Procedures for adoption of ordinances and
  273  resolutions.—
  274         (3)(a) Except as provided in paragraphs paragraph (c) and
  275  (d), a proposed ordinance may be read by title, or in full, on
  276  at least 2 separate days and shall, at least 10 days prior to
  277  adoption, be noticed once in a newspaper of general circulation
  278  in the municipality. The notice of proposed enactment shall
  279  state the date, time, and place of the meeting; the title or
  280  titles of proposed ordinances; and the place or places within
  281  the municipality where such proposed ordinances may be inspected
  282  by the public. The notice shall also advise that interested
  283  parties may appear at the meeting and be heard with respect to
  284  the proposed ordinance.
  285         (d) Consideration of the proposed municipal ordinance at a
  286  meeting properly noticed pursuant to this subsection may be
  287  continued to a subsequent meeting if, at the meeting, the date,
  288  time, and place of the subsequent meeting is publicly stated. No
  289  further publication, mailing, or posted notice as required under
  290  this subsection is required, except that the continued
  291  consideration must be listed in an agenda or similar
  292  communication produced for the subsequent meeting. This
  293  paragraph is remedial in nature, is intended to clarify existing
  294  law, and shall apply retroactively.
  295         Section 6. Present subsections (4) through (8) of section
  296  166.041, Florida Statutes, are redesignated as subsections (5)
  297  through (9), respectively, and a new subsection (4) is added to
  298  that section, to read:
  299         166.041 Procedures for adoption of ordinances and
  300  resolutions.—
  301         (4)(a) Before the enactment of a proposed ordinance, the
  302  governing body of a municipality shall prepare or cause to be
  303  prepared a business impact estimate in accordance with this
  304  subsection. The business impact estimate must be posted on the
  305  municipality’s website no later than the date the notice of
  306  proposed enactment is published pursuant to paragraph (3)(a) and
  307  must include all of the following:
  308         1. A summary of the proposed ordinance, including a
  309  statement of the public purpose to be served by the proposed
  310  ordinance, such as serving the public health, safety, morals,
  311  and welfare of the municipality.
  312         2. An estimate of the direct economic impact of the
  313  proposed ordinance on private, for-profit businesses in the
  314  municipality, including the following, if any:
  315         a. An estimate of direct compliance costs that businesses
  316  may reasonably incur if the ordinance is enacted;
  317         b. Identification of any new charge or fee on businesses
  318  subject to the proposed ordinance, or for which businesses will
  319  be financially responsible; and
  320         c. An estimate of the municipality’s regulatory costs,
  321  including an estimate of revenues from any new charges or fees
  322  that will be imposed on businesses to cover such costs.
  323         3. A good faith estimate of the number of businesses likely
  324  to be impacted by the ordinance.
  325         4. Any additional information the governing body determines
  326  may be useful.
  327         (b) This subsection may not be construed to require a
  328  municipality to procure an accountant or other financial
  329  consultant to prepare the business impact estimate required by
  330  this subsection.
  331         (c) This subsection does not apply to:
  332         1. Ordinances required for compliance with federal or state
  333  law or regulation;
  334         2.Ordinances relating to the issuance or refinancing of
  335  debt;
  336         3.Ordinances relating to the adoption of budgets or budget
  337  amendments, including revenue sources necessary to fund the
  338  budget;
  339         4. Ordinances required to implement a contract or an
  340  agreement, including, but not limited to, any federal, state,
  341  local, or private grant, or other financial assistance accepted
  342  by a municipal government;
  343         5.Emergency ordinances;
  344         6.Ordinances relating to procurement; or
  345         7.Ordinances enacted to implement the following:
  346         a.Part II of chapter 163, relating to growth policy,
  347  county and municipal planning, and land development regulation,
  348  including zoning, development orders, development agreements,
  349  and development permits;
  350         b.Sections 190.005 and 190.046;
  351         c.Section 553.73, relating to the Florida Building Code;
  352  or
  353         d. Section 633.202, relating to the Florida Fire Prevention
  354  Code.
  355         Section 7. Section 166.0411, Florida Statutes, is created
  356  to read:
  357         166.0411 Legal challenges to certain recently enacted
  358  ordinances.—
  359         (1) A municipality must suspend enforcement of an ordinance
  360  that is the subject of an action challenging the ordinance’s
  361  validity on the grounds that it is expressly preempted by the
  362  State Constitution or by state law or is arbitrary or
  363  unreasonable if:
  364         (a) The action was filed with the court no later than 90
  365  days after the adoption of the ordinance;
  366         (b) The plaintiff requests suspension in the initial
  367  complaint or petition, citing this section; and
  368         (c) The municipality has been served with a copy of the
  369  complaint or petition.
  370         (2) When the plaintiff appeals a final judgment finding
  371  that an ordinance is valid and enforceable, the municipality may
  372  enforce the ordinance 45 days after the entry of the order
  373  unless the plaintiff obtains a stay of the lower court’s order.
  374         (3) The court shall give cases in which the enforcement of
  375  an ordinance is suspended under this section priority over other
  376  pending cases and shall render a preliminary or final decision
  377  on the validity of the ordinance as expeditiously as possible.
  378         (4)The signature of an attorney or a party constitutes a
  379  certificate that he or she has read the pleading, motion, or
  380  other paper and that, to the best of his or her knowledge,
  381  information, and belief formed after reasonable inquiry, it is
  382  not interposed for any improper purpose, such as to harass or to
  383  cause unnecessary delay, or for economic advantage, competitive
  384  reasons, or frivolous purposes or needless increase in the cost
  385  of litigation. If a pleading, motion, or other paper is signed
  386  in violation of these requirements, the court, upon its own
  387  initiative or upon favorably ruling on a party’s motion for
  388  sanctions, must impose upon the person who signed it, a
  389  represented party, or both, an appropriate sanction, which may
  390  include an order to pay to the other party or parties the amount
  391  of reasonable expenses incurred because of the filing of the
  392  pleading, motion, or other paper, including reasonable attorney
  393  fees.
  394         (5) This section does not apply to:
  395         (a) Ordinances required for compliance with federal or
  396  state law or regulation;
  397         (b)Ordinances relating to the issuance or refinancing of
  398  debt;
  399         (c) Ordinances relating to the adoption of budgets or
  400  budget amendments, including revenue sources necessary to fund
  401  the budget;
  402         (d) Ordinances required to implement a contract or an
  403  agreement, including, but not limited to, any federal, state,
  404  local, or private grant, or other financial assistance accepted
  405  by a municipal government;
  406         (e)Emergency ordinances;
  407         (f)Ordinances relating to procurement; or
  408         (g)Ordinances enacted to implement the following:
  409         1.Part II of chapter 163, relating to growth policy,
  410  county and municipal planning, and land development regulation,
  411  including zoning, development orders, development agreements,
  412  and development permits;
  413         2.Sections 190.005 and 190.046;
  414         3.Section 553.73, relating to the Florida Building Code;
  415  or
  416         4.Section 633.202, relating to the Florida Fire Prevention
  417  Code.
  418         (6) The court may award attorney fees and costs and damages
  419  as provided in s. 57.112.
  420         Section 8. Subsection (5) of section 163.2517, Florida
  421  Statutes, is amended to read:
  422         163.2517 Designation of urban infill and redevelopment
  423  area.—
  424         (5) After the preparation of an urban infill and
  425  redevelopment plan or designation of an existing plan, the local
  426  government shall adopt the plan by ordinance. Notice for the
  427  public hearing on the ordinance must be in the form established
  428  in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
  429  s. 125.66(4)(b)2. for counties.
  430         Section 9. Paragraph (a) of subsection (3) of section
  431  163.3181, Florida Statutes, is amended to read:
  432         163.3181 Public participation in the comprehensive planning
  433  process; intent; alternative dispute resolution.—
  434         (3) A local government considering undertaking a publicly
  435  financed capital improvement project may elect to use the
  436  procedures set forth in this subsection for the purpose of
  437  allowing public participation in the decision and resolution of
  438  disputes. For purposes of this subsection, a publicly financed
  439  capital improvement project is a physical structure or
  440  structures, the funding for construction, operation, and
  441  maintenance of which is financed entirely from public funds.
  442         (a) Before Prior to the date of a public hearing on the
  443  decision on whether to proceed with the proposed project, the
  444  local government shall publish public notice of its intent to
  445  decide the issue according to the notice procedures described by
  446  s. 125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
  447  166.041(3)(c)2.b. for a municipality.
  448         Section 10. Paragraph (a) of subsection (4) of section
  449  163.3215, Florida Statutes, is amended to read:
  450         163.3215 Standing to enforce local comprehensive plans
  451  through development orders.—
  452         (4) If a local government elects to adopt or has adopted an
  453  ordinance establishing, at a minimum, the requirements listed in
  454  this subsection, the sole method by which an aggrieved and
  455  adversely affected party may challenge any decision of local
  456  government granting or denying an application for a development
  457  order, as defined in s. 163.3164, which materially alters the
  458  use or density or intensity of use on a particular piece of
  459  property, on the basis that it is not consistent with the
  460  comprehensive plan adopted under this part, is by an appeal
  461  filed by a petition for writ of certiorari filed in circuit
  462  court no later than 30 days following rendition of a development
  463  order or other written decision of the local government, or when
  464  all local administrative appeals, if any, are exhausted,
  465  whichever occurs later. An action for injunctive or other relief
  466  may be joined with the petition for certiorari. Principles of
  467  judicial or administrative res judicata and collateral estoppel
  468  apply to these proceedings. Minimum components of the local
  469  process are as follows:
  470         (a) The local process must make provision for notice of an
  471  application for a development order that materially alters the
  472  use or density or intensity of use on a particular piece of
  473  property, including notice by publication or mailed notice
  474  consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
  475  166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
  476  166.041(3)(c)2.b. and c., and must require prominent posting at
  477  the job site. The notice must be given within 10 days after the
  478  filing of an application for a development order; however,
  479  notice under this subsection is not required for an application
  480  for a building permit or any other official action of local
  481  government which does not materially alter the use or density or
  482  intensity of use on a particular piece of property. The notice
  483  must clearly delineate that an aggrieved or adversely affected
  484  person has the right to request a quasi-judicial hearing before
  485  the local government for which the application is made, must
  486  explain the conditions precedent to the appeal of any
  487  development order ultimately rendered upon the application, and
  488  must specify the location where written procedures can be
  489  obtained that describe the process, including how to initiate
  490  the quasi-judicial process, the timeframes for initiating the
  491  process, and the location of the hearing. The process may
  492  include an opportunity for an alternative dispute resolution.
  493         Section 11. Paragraph (c) of subsection (1) of section
  494  376.80, Florida Statutes, is amended to read:
  495         376.80 Brownfield program administration process.—
  496         (1) The following general procedures apply to brownfield
  497  designations:
  498         (c) Except as otherwise provided, the following provisions
  499  apply to all proposed brownfield area designations:
  500         1. Notification to department following adoption.—A local
  501  government with jurisdiction over the brownfield area must
  502  notify the department, and, if applicable, the local pollution
  503  control program under s. 403.182, of its decision to designate a
  504  brownfield area for rehabilitation for the purposes of ss.
  505  376.77-376.86. The notification must include a resolution
  506  adopted by the local government body. The local government shall
  507  notify the department, and, if applicable, the local pollution
  508  control program under s. 403.182, of the designation within 30
  509  days after adoption of the resolution.
  510         2. Resolution adoption.—The brownfield area designation
  511  must be carried out by a resolution adopted by the
  512  jurisdictional local government, which includes a map adequate
  513  to clearly delineate exactly which parcels are to be included in
  514  the brownfield area or alternatively a less-detailed map
  515  accompanied by a detailed legal description of the brownfield
  516  area. For municipalities, the governing body shall adopt the
  517  resolution in accordance with the procedures outlined in s.
  518  166.041, except that the procedures for the public hearings on
  519  the proposed resolution must be in the form established in s.
  520  166.041(3)(c)2. For counties, the governing body shall adopt the
  521  resolution in accordance with the procedures outlined in s.
  522  125.66, except that the procedures for the public hearings on
  523  the proposed resolution must shall be in the form established in
  524  s. 125.66(5)(b) s. 125.66(4)(b).
  525         3. Right to be removed from proposed brownfield area.—If a
  526  property owner within the area proposed for designation by the
  527  local government requests in writing to have his or her property
  528  removed from the proposed designation, the local government must
  529  shall grant the request.
  530         4. Notice and public hearing requirements for designation
  531  of a proposed brownfield area outside a redevelopment area or by
  532  a nongovernmental entity. Compliance with the following
  533  provisions is required before designation of a proposed
  534  brownfield area under paragraph (2)(a) or paragraph (2)(c):
  535         a. At least one of the required public hearings must shall
  536  be conducted as closely as is reasonably practicable to the area
  537  to be designated to provide an opportunity for public input on
  538  the size of the area, the objectives for rehabilitation, job
  539  opportunities and economic developments anticipated,
  540  neighborhood residents’ considerations, and other relevant local
  541  concerns.
  542         b. Notice of a public hearing must be made in a newspaper
  543  of general circulation in the area, must be made in ethnic
  544  newspapers or local community bulletins, must be posted in the
  545  affected area, and must be announced at a scheduled meeting of
  546  the local governing body before the actual public hearing.
  547         Section 12. Paragraph (a) of subsection (3) of section
  548  497.270, Florida Statutes, is amended to read:
  549         497.270 Minimum acreage; sale or disposition of cemetery
  550  lands.—
  551         (3)(a) If the property to be sold, conveyed, or disposed of
  552  under subsection (2) has been or is being used for the permanent
  553  interment of human remains, the applicant for approval of such
  554  sale, conveyance, or disposition must shall cause to be
  555  published, at least once a week for 4 consecutive weeks, a
  556  notice meeting the standards of publication set forth in s.
  557  125.66(5)(b)2. s. 125.66(4)(b)2. The notice must shall describe
  558  the property in question and the proposed noncemetery use and
  559  must shall advise substantially affected persons that they may
  560  file a written request for a hearing pursuant to chapter 120,
  561  within 14 days after the date of last publication of the notice,
  562  with the department if they object to granting the applicant’s
  563  request to sell, convey, or dispose of the subject property for
  564  noncemetery uses.
  565         Section 13. Paragraph (a) of subsection (2) of section
  566  562.45, Florida Statutes, is amended to read:
  567         562.45 Penalties for violating Beverage Law; local
  568  ordinances; prohibiting regulation of certain activities or
  569  business transactions; requiring nondiscriminatory treatment;
  570  providing exceptions.—
  571         (2)(a) Nothing contained in the Beverage Law may shall be
  572  construed to affect or impair the power or right of any county
  573  or incorporated municipality of the state to enact ordinances
  574  regulating the hours of business and location of place of
  575  business, and prescribing sanitary regulations therefor, of any
  576  licensee under the Beverage Law within the county or corporate
  577  limits of such municipality. However, except for premises
  578  licensed on or before July 1, 1999, and except for locations
  579  that are licensed as restaurants, which derive at least 51
  580  percent of their gross revenues from the sale of food and
  581  nonalcoholic beverages, pursuant to chapter 509, a location for
  582  on-premises consumption of alcoholic beverages may not be
  583  located within 500 feet of the real property that comprises a
  584  public or private elementary school, middle school, or secondary
  585  school unless the county or municipality approves the location
  586  as promoting the public health, safety, and general welfare of
  587  the community under proceedings as provided in s. 125.66(5) s.
  588  125.66(4), for counties, and s. 166.041(3)(c), for
  589  municipalities. This restriction may shall not, however, be
  590  construed to prohibit the issuance of temporary permits to
  591  certain nonprofit organizations as provided for in s. 561.422.
  592  The division may not issue a change in the series of a license
  593  or approve a change of a licensee’s location unless the licensee
  594  provides documentation of proper zoning from the appropriate
  595  county or municipal zoning authorities.
  596         Section 14. Subsection (1) of section 847.0134, Florida
  597  Statutes, is amended to read:
  598         847.0134 Prohibition of adult entertainment establishment
  599  that displays, sells, or distributes materials harmful to minors
  600  within 2,500 feet of a school.—
  601         (1) Except for those establishments that are legally
  602  operating or have been granted a permit from a local government
  603  to operate as adult entertainment establishments on or before
  604  July 1, 2001, an adult entertainment establishment that sells,
  605  rents, loans, distributes, transmits, shows, or exhibits any
  606  obscene material, as described in s. 847.0133, or presents live
  607  entertainment or a motion picture, slide, or other exhibit that,
  608  in whole or in part, depicts nudity, sexual conduct, sexual
  609  excitement, sexual battery, sexual bestiality, or
  610  sadomasochistic abuse and that is harmful to minors, as
  611  described in s. 847.001, may not be located within 2,500 feet of
  612  the real property that comprises a public or private elementary
  613  school, middle school, or secondary school unless the county or
  614  municipality approves the location under proceedings as provided
  615  in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
  616  for municipalities.
  617         Section 15. The Legislature finds and declares that this
  618  act fulfills an important state interest.
  619         Section 16. Except as otherwise expressly provided in this
  620  act and except for this section, which shall take effect upon
  621  becoming a law, this act shall take effect October 1, 2023.