Florida Senate - 2024 CS for SB 1628
By the Committee on Community Affairs; and Senator Collins
578-03045-24 20241628c1
1 A bill to be entitled
2 An act relating to local government actions; amending
3 ss. 125.66, 125.675, 166.041, and 166.0411 F.S.;
4 revising applicability provisions for the enactment or
5 adoption of and legal challenges to county and
6 municipal ordinances, respectively; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (c) of subsection (3) of section
12 125.66, Florida Statutes, is amended to read:
13 125.66 Ordinances; enactment procedure; emergency
14 ordinances; rezoning or change of land use ordinances or
15 resolutions.—
16 (3)
17 (c) This subsection does not apply to:
18 1. Ordinances required for compliance with federal or state
19 law or regulation;
20 2. Ordinances relating to the issuance or refinancing of
21 debt;
22 3. Ordinances relating to the adoption of budgets or budget
23 amendments, including revenue sources necessary to fund the
24 budget;
25 4. Ordinances required to implement a contract or an
26 agreement, including, but not limited to, any federal, state,
27 local, or private grant, or other financial assistance accepted
28 by a county government;
29 5. Emergency ordinances;
30 6. Ordinances relating to procurement; or
31 7. Ordinances enacted to implement the following:
32 a. Part II of chapter 163, relating to growth policy,
33 county and municipal planning, and land development regulation,
34 including zoning, Development orders and development permits, as
35 those terms are defined in s. 163.3164, and, development
36 agreements, as authorized by the Florida Local Government
37 Development Agreement Act under ss. 163.3220-163.3243 and
38 development permits;
39 b. Sections 190.005 and 190.046;
40 c. Section 553.73, relating to the Florida Building Code;
41 or
42 d. Section 633.202, relating to the Florida Fire Prevention
43 Code.
44 Section 2. Subsection (5) of section 125.675, Florida
45 Statutes, is amended to read:
46 125.675 Legal challenges to certain recently enacted
47 ordinances.—
48 (5) This section does not apply to:
49 (a) Ordinances required for compliance with federal or
50 state law or regulation;
51 (b) Ordinances relating to the issuance or refinancing of
52 debt;
53 (c) Ordinances relating to the adoption of budgets or
54 budget amendments, including revenue sources necessary to fund
55 the budget;
56 (d) Ordinances required to implement a contract or an
57 agreement, including, but not limited to, any federal, state,
58 local, or private grant, or other financial assistance accepted
59 by a county government;
60 (e) Emergency ordinances;
61 (f) Ordinances relating to procurement; or
62 (g) Ordinances enacted to implement the following:
63 1. Part II of chapter 163, relating to growth policy,
64 county and municipal planning, and land development regulation,
65 including zoning, Development orders and development permits, as
66 those terms are defined in s. 163.3164, and, development
67 agreements, as authorized by the Florida Local Government
68 Development Agreement Act under ss. 163.3220-163.3243 and
69 development permits;
70 2. Sections 190.005 and 190.046;
71 3. Section 553.73, relating to the Florida Building Code;
72 or
73 4. Section 633.202, relating to the Florida Fire Prevention
74 Code.
75 Section 3. Paragraph (c) of subsection (4) of section
76 166.041, Florida Statutes, is amended to read:
77 166.041 Procedures for adoption of ordinances and
78 resolutions.—
79 (4)
80 (c) This subsection does not apply to:
81 1. Ordinances required for compliance with federal or state
82 law or regulation;
83 2. Ordinances relating to the issuance or refinancing of
84 debt;
85 3. Ordinances relating to the adoption of budgets or budget
86 amendments, including revenue sources necessary to fund the
87 budget;
88 4. Ordinances required to implement a contract or an
89 agreement, including, but not limited to, any federal, state,
90 local, or private grant, or other financial assistance accepted
91 by a municipal government;
92 5. Emergency ordinances;
93 6. Ordinances relating to procurement; or
94 7. Ordinances enacted to implement the following:
95 a. Part II of chapter 163, relating to growth policy,
96 county and municipal planning, and land development regulation,
97 including zoning, Development orders and development permits, as
98 those terms are defined in s. 163.3164, and, development
99 agreements, as authorized by the Florida Local Government
100 Development Agreement Act under ss. 163.3220-163.3243 and
101 development permits;
102 b. Sections 190.005 and 190.046;
103 c. Section 553.73, relating to the Florida Building Code;
104 or
105 d. Section 633.202, relating to the Florida Fire Prevention
106 Code.
107 Section 4. Subsection (5) of section 166.0411, Florida
108 Statutes, is amended to read:
109 166.0411 Legal challenges to certain recently enacted
110 ordinances.—
111 (5) This section does not apply to:
112 (a) Ordinances required for compliance with federal or
113 state law or regulation;
114 (b) Ordinances relating to the issuance or refinancing of
115 debt;
116 (c) Ordinances relating to the adoption of budgets or
117 budget amendments, including revenue sources necessary to fund
118 the budget;
119 (d) Ordinances required to implement a contract or an
120 agreement, including, but not limited to, any federal, state,
121 local, or private grant, or other financial assistance accepted
122 by a municipal government;
123 (e) Emergency ordinances;
124 (f) Ordinances relating to procurement; or
125 (g) Ordinances enacted to implement the following:
126 1. Part II of chapter 163, relating to growth policy,
127 county and municipal planning, and land development regulation,
128 including zoning, Development orders and development permits, as
129 those terms are defined in s. 163.3164, and, development
130 agreements, as authorized by the Florida Local Government
131 Development Agreement Act under ss. 163.3220-163.3243 and
132 development permits;
133 2. Sections 190.005 and 190.046;
134 3. Section 553.73, relating to the Florida Building Code;
135 or
136 4. Section 633.202, relating to the Florida Fire Prevention
137 Code.
138 Section 5. This act shall take effect October 1, 2024.