Florida Senate - 2026 SB 588
By Senator McClain
9-00461-26 2026588__
1 A bill to be entitled
2 An act relating to local government enforcement
3 actions; creating ss. 125.676, 166.0413, and 189.0645,
4 F.S.; providing legislative findings and intent;
5 prohibiting certain enforcement actions by counties,
6 municipalities, and special districts, respectively;
7 defining the term “enforcement action”; authorizing
8 persons or business entities subject to such actions
9 to submit a request for review; requiring counties,
10 municipalities, and special districts, respectively,
11 to review such actions and respond within a specified
12 time period; requiring counties, municipalities, and
13 special districts, respectively, to establish and
14 maintain rules; authorizing filing of legal action and
15 providing legal remedies in certain circumstances;
16 requiring that such action be filed within a specified
17 time period; providing for certain protections from
18 retaliation; authorizing filing of certain complaints
19 in specified circumstances; providing for preemption;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 125.676, Florida Statutes, is created to
25 read:
26 125.676 Local Government Regulatory Accountability Act.—
27 (1) LEGISLATIVE FINDINGS AND INTENT.—
28 (a) The Legislature finds that the economic vitality of
29 this state depends on fair, consistent, and transparent
30 enforcement of local government and special district
31 regulations.
32 (b) The Legislature further finds that arbitrary or
33 unreasonable enforcement action by a local government or special
34 district, or employees thereof, may impede economic growth,
35 increase costs for housing and business development, and
36 undermine public trust.
37 (c) It is the intent of the Legislature to establish a
38 uniform standard for regulatory enforcement and create an
39 investigative process and certain legal remedies for a person or
40 business entity subject to an enforcement action under this
41 section.
42 (2) ACTION PROHIBITED.—A county, including employees
43 thereof, may not initiate or threaten to initiate any
44 enforcement action that is determined to be arbitrary or
45 unreasonable by a court of competent jurisdiction. For purposes
46 of this section, an “enforcement action” means any decision,
47 determination, demand, inspection, citation, order, denial,
48 interpretation, or any other regulatory action undertaken by a
49 county or employees thereof.
50 (3) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—
51 (a) Any person or business entity subject to an enforcement
52 action may submit to the county a request for review of such
53 action. Within 30 days after receipt of a request for review,
54 the county must review the enforcement action and send to the
55 person or business entity making such request a written
56 response.
57 (b) If a county fails to review and respond to a request
58 within the designated time period under paragraph (a), the
59 person or business entity subject to an enforcement action may
60 file a legal action under subsection (4).
61 (c) Each county shall establish and maintain rules
62 addressing the review of enforcement actions under this
63 subsection.
64 (4) LEGAL ACTION AND REMEDIES.—
65 (a) A person or business entity subject to an enforcement
66 action by a county may file a legal action in a court of
67 competent jurisdiction to determine whether such action is
68 arbitrary or unreasonable. Such legal action must be filed
69 within 180 days after the enforcement action. For purposes of
70 this subsection, an enforcement action is arbitrary or
71 unreasonable if the action:
72 1. Is not supported by applicable law, rule, or adopted
73 policy;
74 2. Deviates from a prior determination or interpretation
75 without written justification;
76 3. Unreasonably delays or obstructs lawful development,
77 permitting, or other business activity; or
78 4. Imposes requirements or conditions not authorized by
79 general law, ordinance, or regulation.
80 (b) Upon finding that an enforcement action is arbitrary or
81 unreasonable, the court shall:
82 1. Award reasonable attorney fees and costs to the
83 prevailing plaintiff.
84 2. Award actual damages not to exceed $50,000 per
85 occurrence.
86 3. Issue injunctive relief to immediately restrain or
87 enjoin the county, including employees thereof, from engaging in
88 any action in violation of this section.
89 (5) WHISTLE-BLOWER PROTECTION.—
90 (a) Any person or employee who discloses in good faith
91 information under this section relating to an arbitrary or
92 unreasonable enforcement action is not subject to retaliation
93 and is afforded protection under the Whistle-blower’s Act.
94 (b) A prevailing plaintiff in a legal action under
95 subsection (4) may file a complaint in accordance with s.
96 112.31895.
97 (6) PREEMPTION.—This section is the sole authority for
98 challenges to arbitrary or unreasonable enforcement actions by a
99 county, including employees thereof. Any local ordinance, rule,
100 regulation, or other local policy that prohibits or restricts a
101 county, including employees thereof, from complying with this
102 section, or any rules adopted under this section, is void to the
103 extent of the conflict.
104 Section 2. Section 166.0413, Florida Statutes, is created
105 to read:
106 166.0413 Local Government Regulatory Accountability Act.—
107 (1) LEGISLATIVE FINDINGS AND INTENT.—
108 (a) The Legislature finds that the economic vitality of
109 this state depends on fair, consistent, and transparent
110 enforcement of local government and special district
111 regulations.
112 (b) The Legislature further finds that arbitrary or
113 unreasonable enforcement action by a local government or special
114 district, or employees thereof, may impede economic growth,
115 increase costs for housing and business development, and
116 undermine public trust.
117 (c) It is the intent of the Legislature to establish a
118 uniform standard for regulatory enforcement and create an
119 investigative process and certain legal remedies for a person or
120 business entity subject to an enforcement action under this
121 section.
122 (2) ACTION PROHIBITED.—A municipality, including employees
123 thereof, may not initiate or threaten to initiate any
124 enforcement action that is determined to be arbitrary or
125 unreasonable by a court of competent jurisdiction. For purposes
126 of this section, an “enforcement action” means any decision,
127 determination, demand, inspection, citation, order, denial,
128 interpretation, or any other regulatory action undertaken by a
129 municipality or employees thereof.
130 (3) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—
131 (a) Any person or business entity subject to an enforcement
132 action may submit to the municipality a request for review of
133 such action. Within 30 days after receipt of a request for
134 review, the municipality must review the enforcement action and
135 send to the person or business entity making such request a
136 written response.
137 (b) If a municipality fails to review and respond to a
138 request within the designated time period under paragraph (a),
139 the person or business entity subject to an enforcement action
140 may file a legal action under subsection (4).
141 (c) Each municipality shall establish and maintain rules
142 addressing the review of enforcement actions under this
143 subsection.
144 (4) LEGAL ACTION AND REMEDIES.—
145 (a) A person or business entity subject to an enforcement
146 action by a municipality may file a legal action in a court of
147 competent jurisdiction to determine whether such action is
148 arbitrary or unreasonable. Such legal action must be filed
149 within 180 days after the enforcement action. For purposes of
150 this subsection, an enforcement action is arbitrary or
151 unreasonable if the action:
152 1. Is not supported by applicable law, rule, or adopted
153 policy;
154 2. Deviates from a prior determination or interpretation
155 without written justification;
156 3. Unreasonably delays or obstructs lawful development,
157 permitting, or other business activity; or
158 4. Imposes requirements or conditions not authorized by
159 general law, ordinance, or regulation.
160 (b) Upon finding that an enforcement action is arbitrary or
161 unreasonable, the court shall:
162 1. Award reasonable attorney fees and costs to the
163 prevailing plaintiff.
164 2. Award actual damages not to exceed $50,000 per
165 occurrence.
166 3. Issue injunctive relief to immediately restrain or
167 enjoin the municipality, including employees thereof, from
168 engaging in any action in violation of this section.
169 (5) WHISTLE-BLOWER PROTECTION.—
170 (a) Any person or employee who discloses in good faith
171 information under this section relating to an arbitrary or
172 unreasonable enforcement action is not subject to retaliation
173 and is afforded protection under the Whistle-blower’s Act.
174 (b) A prevailing plaintiff in a legal action under
175 subsection (4) may file a complaint in accordance with s.
176 112.31895.
177 (6) PREEMPTION.—This section is the sole authority for
178 challenges to arbitrary or unreasonable enforcement actions by a
179 municipality, including employees thereof. Any local ordinance,
180 rule, regulation, or other local policy that prohibits or
181 restricts a municipality, including employees thereof, from
182 complying with this section, or any rules adopted under this
183 section, is void to the extent of the conflict.
184 Section 3. Section 189.0645, Florida Statutes, is created
185 to read:
186 189.0645 Special District Regulatory Accountability Act.—
187 (1) LEGISLATIVE FINDINGS AND INTENT.—
188 (a) The Legislature finds that the economic vitality of
189 this state depends on fair, consistent, and transparent
190 enforcement of local government and special district
191 regulations.
192 (b) The Legislature further finds that arbitrary or
193 unreasonable enforcement action by a local government or special
194 district, or employees thereof, may impede economic growth,
195 increase costs for housing and business development, and
196 undermine public trust.
197 (c) It is the intent of the Legislature to establish a
198 uniform standard for regulatory enforcement and create an
199 investigative process and certain legal remedies for a person or
200 business entity subject to an enforcement action under this
201 section.
202 (2) ACTION PROHIBITED.—A special district, including
203 employees thereof, may not initiate or threaten to initiate any
204 enforcement action that is determined to be arbitrary or
205 unreasonable by a court of competent jurisdiction. For purposes
206 of this section, an “enforcement action” means any decision,
207 determination, demand, inspection, citation, order, denial,
208 interpretation, or any other regulatory action undertaken by a
209 special district or employees thereof.
210 (3) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—
211 (a) Any person or business entity subject to an enforcement
212 action may submit to the special district a request for review
213 of such action. Within 30 days after receipt of a request for
214 review, the special district must review the enforcement action
215 and send to the person or business entity making such request a
216 written response.
217 (b) If a special district fails to review and respond to a
218 request within the designated time period under paragraph (a),
219 the person or business entity subject to an enforcement action
220 may file a legal action under subsection (4).
221 (c) Each special district shall establish and maintain
222 rules addressing the review of enforcement actions under this
223 subsection.
224 (4) LEGAL ACTION AND REMEDIES.—
225 (a) A person or business entity subject to an enforcement
226 action by a special district may file in a court of competent
227 jurisdiction a legal action to determine whether such action is
228 arbitrary or unreasonable. Such legal action must be filed
229 within 180 days after the enforcement action. For purposes of
230 this subsection, an enforcement action is arbitrary or
231 unreasonable if the action:
232 1. Is not supported by applicable law, rule, or adopted
233 policy;
234 2. Deviates from a prior determination or interpretation
235 without written justification;
236 3. Unreasonably delays or obstructs lawful development,
237 permitting, or other business activity; or
238 4. Imposes requirements or conditions not authorized by
239 general law, ordinance, or regulation.
240 (b) Upon finding that an enforcement action is arbitrary or
241 unreasonable, the court shall:
242 1. Award reasonable attorney fees and costs to the
243 prevailing plaintiff.
244 2. Award actual damages not to exceed $50,000 per
245 occurrence.
246 3. Issue injunctive relief to immediately restrain or
247 enjoin the special district, including employees thereof, from
248 engaging in any action in violation of this section.
249 (5) WHISTLE-BLOWER PROTECTION.—
250 (a) Any person or employee who discloses in good faith
251 information under this section relating to an arbitrary or
252 unreasonable enforcement action is not subject to retaliation
253 and is afforded protection under the Whistle-blower’s Act.
254 (b) A prevailing plaintiff in a legal action under
255 subsection (4) may file a complaint in accordance with s.
256 112.31895.
257 (6) PREEMPTION.—This section is the sole authority for
258 challenges to arbitrary or unreasonable enforcement actions by a
259 special district, including employees thereof. Any local
260 ordinance, rule, regulation, or other local policy that
261 prohibits or restricts a special district, including employees
262 thereof, from complying with this section, or any rules adopted
263 under this section, is void to the extent of the conflict.
264 Section 4. This act shall take effect October 1, 2026.