HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 1 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to local ordinances; amending s. 2
57.112, F.S.; authorizing courts to assess and award 3
attorney fees and costs and damages in certain civil 4
actions filed against local governments; providing 5
construction; amending s. 125.66, F.S.; requiring a 6
board of county commissioners to prepare a business 7
impact statement before the adoption of a proposed 8
ordinance; specifying requirements for the posting and 9
content of the statement; providing applicability; 10
creating s. 125.675, F.S.; requiring a county to 11
suspend enforcement of an ordinance that is the 12
subject of a certain legal action if certain 13
conditions are met; requiring courts to give priority 14
to certain cases; specifying factors a court must 15
consider in determining whether an ordinance is 16
arbitrary or unreasonable; providing applicability; 17
authorizing courts to award attorney fees and costs 18
under certain circumstances; amending s. 166.041, 19
F.S.; requiring a governing body of a municipality to 20
prepare a business impact statement before the 21
adoption of a proposed ordinance; specifying 22
requirements for the posting and content of the 23
statement; providing applicability; creating s. 24
166.0411, F.S.; requiring a municipality to suspend 25
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 2 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement of an ordinance that is the subject of a 26
certain legal action if certain conditions are met; 27
requiring courts to give priority to certain cases; 28
specifying factors a court must consider in 29
determining whether an ordinance is arbitrary or 30
unreasonable; providing applicability; authorizing 31
courts to award attorney f ees and costs under certain 32
circumstances; amending ss. 163.2517, 163.3181, 33
163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.; 34
conforming cross-references; providing a declaration 35
of important state interest; providing an effective 36
date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Section 57.112, Florida Statutes, is amended to 41
read: 42
57.112 Attorney fees and costs and damages; preempted 43
local actions.— 44
(1) As used in this section, the term "attorney fees and 45
costs" means the reasonable and necessary attorney fees and 46
costs incurred for all preparations, motions, hearings, trials, 47
and appeals in a proceeding. 48
(2) If a civil action is filed against a local government 49
to challenge the adoption or enforcement of a l ocal ordinance on 50
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 3 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the grounds that it is expressly preempted by the State 51
Constitution or by state law, the court shall assess and award 52
reasonable attorney fees and costs and damages to the prevailing 53
party. 54
(3) If a civil action is filed against a loca l government 55
to challenge the adoption or enforcement of a local ordinance on 56
the grounds that the ordinance is arbitrary or unreasonable, or 57
is prohibited by law other than via express preemption, the 58
court may assess and award reasonable attorney fees an d costs 59
and damages to the complainant if successful. 60
(4) Attorney fees and costs may not be awarded pursuant to 61
this section if: 62
(a) The governing body of a local governmental entity 63
receives written notice that an ordinance that has been publicly 64
noticed or adopted is expressly preempted by the State 65
Constitution or state law , is arbitrary or unreasonable, or is 66
otherwise prohibited by law ; and 67
(b) The governing body of the local governmental entity 68
withdraws the proposed ordinance within 30 days; o r, in the case 69
of an adopted ordinance, the governing body of a local 70
government notices an intent to repeal the ordinance within 30 71
days of receipt of the notice and repeals the ordinance within 72
30 days thereafter. 73
(5)(4) The provisions in this section are supplemental to 74
all other sanctions or remedies available under law or court 75
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 4 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rule. 76
(6)(5) This section does not apply to local ordinances 77
adopted pursuant to part II of chapter 163, s. 553.73, or s. 78
633.202. 79
(7)(6) Subsections (1), (2), (4), (5), a nd (6) are This 80
section is intended to be prospective in nature and shall apply 81
only to cases commenced on or after July 1, 2019. Subsection (3) 82
is intended to be prospective in nature and applies only to 83
cases commenced on or after October 1, 2022. 84
Section 2. Present subsections (3) through (6) of section 85
125.66, Florida Statutes, are redesignated as subsections (4) 86
through (7), respectively, a new subsection (3) is added to that 87
section, and paragraph (a) of subsection (2) of that section is 88
amended, to read: 89
125.66 Ordinances; enactment procedure; emergency 90
ordinances; rezoning or change of land use ordinances or 91
resolutions.— 92
(2)(a) The regular enactment procedure shall be as 93
follows: The board of county commissioners at any regular or 94
special meeting may enact or amend any ordinance, except as 95
provided in subsection (5) (4), if notice of intent to consider 96
such ordinance is given at least 10 days before such meeting by 97
publication as provided in chapter 50. A copy of such notice 98
shall be kept available for public inspection during the regular 99
business hours of the office of the clerk of the board of county 100
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 5 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commissioners. The n otice of proposed enactment shall state the 101
date, time, and place of the meeting; the title or titles of 102
proposed ordinances; and the place or places within the county 103
where such proposed ordinances may be inspected by the public. 104
The notice shall also adv ise that interested parties may appear 105
at the meeting and be heard with respect to the proposed 106
ordinance. 107
(3)(a) Before the adoption of each proposed ordinance, the 108
board of county commissioners shall prepare a business impact 109
statement in accordance wi th this subsection. The business 110
impact statement must be posted on the county's website on the 111
same day the notice of proposed enactment is published pursuant 112
to paragraph (2)(a) and must include: 113
1. A statement of the public purpose to be served by the 114
proposed ordinance, such as serving the public health, safety, 115
or welfare of the county; 116
2. A statement of the reasonable connection between the 117
public purpose and the expected effects of the ordinance; 118
3. The estimated economic effect of the proposed ordinance 119
on businesses both within and outside the county, including both 120
adverse and beneficial effects and both direct and indirect 121
effects; 122
4. A good faith estimate of the number of businesses 123
likely to be affected by the ordinance; 124
5. An analysis of the extent to which the proposed 125
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 6 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ordinance is likely to deter or encourage the formation of new 126
businesses within the county's jurisdiction; 127
6. An analysis of the extent to which the proposed 128
ordinance will impede the ability of businesses within the 129
county to compete with other businesses in other areas of this 130
state or other domestic markets; 131
7. If applicable, the scientific basis for the proposed 132
ordinance; 133
8. Alternatives considered by the county which would 134
reduce the impact of the proposed o rdinance on businesses; and 135
9. Any additional information the board determines may be 136
useful. 137
(b) This subsection does not apply to an emergency 138
ordinance enacted pursuant to this section. 139
Section 3. Section 125.675, Florida Statutes, is created 140
to read: 141
125.675 Legal challenges to certain recently enacted 142
ordinances.— 143
(1) A county must suspend enforcement of an ordinance that 144
is the subject of an action, including appeals, challenging the 145
ordinance's validity on the grounds that it is preempted by the 146
State Constitution or by state law, is arbitrary or 147
unreasonable, or is otherwise prohibited by law, if: 148
(a) The action was filed with the court no later than 20 149
days after the effective date of the ordinance; 150
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 7 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) The plaintiff or petitioner re quests suspension in the 151
initial complaint or petition, citing this section; and 152
(c) The county has been served with a copy of the 153
complaint or petition. 154
(2) The court shall give cases in which the enforcement of 155
an ordinance is suspended under this se ction priority over other 156
pending cases and shall render a preliminary or final decision 157
on the validity of the ordinance as expeditiously as possible. 158
(3) In determining whether an ordinance is arbitrary or 159
unreasonable, the court shall consider, but is not limited to, 160
the following factors: 161
(a) The extent to which the ordinance protects the health, 162
welfare, safety, and quality of life of the residents of the 163
county; 164
(b) The impact of the ordinance on the personal rights and 165
privileges of the residen ts of the county; 166
(c) The total economic impact of the ordinance; and 167
(d) The business impact statement prepared by the county 168
as required by s. 125.66(3). 169
(4) This section does not apply to an emergency ordinance 170
or an ordinance governed by part II of chapter 163, s. 553.73, 171
or s. 633.202. 172
(5) The court may award attorney fees and costs as 173
provided in s. 57.112. 174
Section 4. Present subsections (4) through (8) of section 175
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 8 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
166.041, Florida Statutes, are redesignated as subsections (5) 176
through (9), respectively, and a new subsection (4) is added to 177
that section, to read: 178
166.041 Procedures for adoption of ordinances and 179
resolutions.— 180
(4)(a) Before the adoption of each proposed ordinance, the 181
governing body of a municipality shall prepare a business impact 182
statement in accordance with this subsection. The business 183
impact statement must be posted on the municipality's website on 184
the same day the notice of proposed enactment is published 185
pursuant to paragraph (3)(a) and must include: 186
1. A statement of the public purpose to be served by the 187
proposed ordinance, such as serving the public health, safety, 188
or welfare of the municipality; 189
2. A statement of the reasonable connection between the 190
public purpose and the expected effects of the ordinan ce; 191
3. The estimated economic effect of the proposed ordinance 192
on businesses both within and outside the municipality, 193
including both adverse and beneficial effects and both direct 194
and indirect effects; 195
4. A good faith estimate of the number of busines ses 196
likely to be affected by the ordinance; 197
5. An analysis of the extent to which the proposed 198
ordinance is likely to deter or encourage the formation of new 199
businesses within the municipality's jurisdiction; 200
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 9 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
6. An analysis of the extent to which the p roposed 201
ordinance will impede the ability of businesses within the 202
municipality to compete with other businesses in other areas of 203
this state or other domestic markets; 204
7. If applicable, the scientific basis for the proposed 205
ordinance; 206
8. Alternatives considered by the municipality which would 207
reduce the impact of the proposed ordinance on businesses; and 208
9. Any additional information the governing body 209
determines may be useful. 210
(b) This subsection does not apply to an emergency 211
ordinance enacted pu rsuant to this section. 212
Section 5. Section 166.0411, Florida Statutes, is created 213
to read: 214
166.0411 Legal challenges to certain recently enacted 215
ordinances.— 216
(1) A municipality must suspend enforcement of an 217
ordinance that is the subject of an acti on, including appeals, 218
challenging the ordinance's validity on the grounds that it is 219
preempted by the State Constitution or by state law, is 220
arbitrary or unreasonable, or is otherwise prohibited by law, 221
if: 222
(a) The action was filed with the court no lat er than 20 223
days after the effective date of the ordinance; 224
(b) The plaintiff or petitioner requests suspension in the 225
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 10 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
initial complaint or petition, citing this section; and 226
(c) The municipality has been served with a copy of the 227
complaint or petition. 228
(2) The court shall give cases in which the enforcement of 229
an ordinance is suspended under this section priority over other 230
pending cases and shall render a preliminary or final decision 231
on the validity of the ordinance as expeditiously as possible. 232
(3) In determining whether an ordinance is arbitrary or 233
unreasonable, the court shall consider, but is not limited to, 234
the following factors: 235
(a) The extent to which the ordinance protects the health, 236
welfare, safety, and quality of life of the residents of the 237
municipality; 238
(b) The impact of the ordinance on the personal rights and 239
privileges of the residents of the municipality; 240
(c) The total economic impact of the ordinance; and 241
(d) The business impact statement prepared by the 242
municipality as required by s. 166.041(4). 243
(4) This section does not apply to an emergency ordinance 244
or an ordinance governed by part II of chapter 163, s. 553.73, 245
or s. 633.202. 246
(5) The court may award attorney fees and costs as 247
provided in s. 57.112. 248
Section 6. Subsection (5) of section 163.2517, Florida 249
Statutes, is amended to read: 250
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 11 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
163.2517 Designation of urban infill and redevelopment 251
area.— 252
(5) After the preparation of an urban infill and 253
redevelopment plan or designation of an existing plan, the local 254
government shall adopt the plan by ordinance. Notice for the 255
public hearing on the ordinance must be in the form established 256
in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 257
s. 125.66(4)(b)2. for counties. 258
Section 7. Paragraph (a) of subsecti on (3) of section 259
163.3181, Florida Statutes, is amended to read: 260
163.3181 Public participation in the comprehensive 261
planning process; intent; alternative dispute resolution. — 262
(3) A local government considering undertaking a publicly 263
financed capital improvement project may elect to use the 264
procedures set forth in this subsection for the purpose of 265
allowing public participation in the decision and resolution of 266
disputes. For purposes of this subsection, a publicly financed 267
capital improvement project i s a physical structure or 268
structures, the funding for construction, operation, and 269
maintenance of which is financed entirely from public funds. 270
(a) Prior to the date of a public hearing on the decision 271
on whether to proceed with the proposed project, the local 272
government shall publish public notice of its intent to decide 273
the issue according to the notice procedures described by s. 274
125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s. 275
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 12 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
166.041(3)(c)2.b. for a municipality. 276
Section 8. Paragraph (a) of sub section (4) of section 277
163.3215, Florida Statutes, is amended to read: 278
163.3215 Standing to enforce local comprehensive plans 279
through development orders. — 280
(4) If a local government elects to adopt or has adopted 281
an ordinance establishing, at a minimum, the requirements listed 282
in this subsection, the sole method by which an aggrieved and 283
adversely affected party may challenge any decision of local 284
government granting or denying an application for a development 285
order, as defined in s. 163.3164, which mate rially alters the 286
use or density or intensity of use on a particular piece of 287
property, on the basis that it is not consistent with the 288
comprehensive plan adopted under this part, is by an appeal 289
filed by a petition for writ of certiorari filed in circuit 290
court no later than 30 days following rendition of a development 291
order or other written decision of the local government, or when 292
all local administrative appeals, if any, are exhausted, 293
whichever occurs later. An action for injunctive or other relief 294
may be joined with the petition for certiorari. Principles of 295
judicial or administrative res judicata and collateral estoppel 296
apply to these proceedings. Minimum components of the local 297
process are as follows: 298
(a) The local process must make provision for no tice of an 299
application for a development order that materially alters the 300
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 13 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
use or density or intensity of use on a particular piece of 301
property, including notice by publication or mailed notice 302
consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 303
166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and 304
166.041(3)(c)2.b. and c. , and must require prominent posting at 305
the job site. The notice must be given within 10 days after the 306
filing of an application for a development order; however, 307
notice under this subsection is not required for an application 308
for a building permit or any other official action of local 309
government which does not materially alter the use or density or 310
intensity of use on a particular piece of property. The notice 311
must clearly delineate that an aggrieved or adversely affected 312
person has the right to request a quasi -judicial hearing before 313
the local government for which the application is made, must 314
explain the conditions precedent to the appeal of any 315
development order ultimately re ndered upon the application, and 316
must specify the location where written procedures can be 317
obtained that describe the process, including how to initiate 318
the quasi-judicial process, the timeframes for initiating the 319
process, and the location of the hearing. The process may 320
include an opportunity for an alternative dispute resolution. 321
Section 9. Paragraph (c) of subsection (1) of section 322
376.80, Florida Statutes, is amended to read: 323
376.80 Brownfield program administration process. — 324
(1) The following general procedures apply to brownfield 325
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 14 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
designations: 326
(c) Except as otherwise provided, the following provisions 327
apply to all proposed brownfield area designations: 328
1. Notification to department following adoption. —A local 329
government with jurisdiction o ver the brownfield area must 330
notify the department, and, if applicable, the local pollution 331
control program under s. 403.182, of its decision to designate a 332
brownfield area for rehabilitation for the purposes of ss. 333
376.77-376.86. The notification must inc lude a resolution 334
adopted by the local government body. The local government shall 335
notify the department, and, if applicable, the local pollution 336
control program under s. 403.182, of the designation within 30 337
days after adoption of the resolution. 338
2. Resolution adoption.—The brownfield area designation 339
must be carried out by a resolution adopted by the 340
jurisdictional local government, which includes a map adequate 341
to clearly delineate exactly which parcels are to be included in 342
the brownfield area or alte rnatively a less-detailed map 343
accompanied by a detailed legal description of the brownfield 344
area. For municipalities, the governing body shall adopt the 345
resolution in accordance with the procedures outlined in s. 346
166.041, except that the procedures for the public hearings on 347
the proposed resolution must be in the form established in s. 348
166.041(3)(c)2. For counties, the governing body shall adopt the 349
resolution in accordance with the procedures outlined in s. 350
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 15 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
125.66, except that the procedures for the public hearings on 351
the proposed resolution shall be in the form established in s. 352
125.66(5)(b) s. 125.66(4)(b). 353
3. Right to be removed from proposed brownfield area. —If a 354
property owner within the area proposed for designation by the 355
local government requests in writing to have his or her property 356
removed from the proposed designation, the local government 357
shall grant the request. 358
4. Notice and public hearing requirements for designation 359
of a proposed brownfield area outside a redevelopment area or by 360
a nongovernmental entity. Compliance with the following 361
provisions is required before designation of a proposed 362
brownfield area under paragraph (2)(a) or paragraph (2)(c): 363
a. At least one of the required public hearings shall be 364
conducted as closely as is reaso nably practicable to the area to 365
be designated to provide an opportunity for public input on the 366
size of the area, the objectives for rehabilitation, job 367
opportunities and economic developments anticipated, 368
neighborhood residents' considerations, and other relevant local 369
concerns. 370
b. Notice of a public hearing must be made in a newspaper 371
of general circulation in the area, must be made in ethnic 372
newspapers or local community bulletins, must be posted in the 373
affected area, and must be announced at a schedu led meeting of 374
the local governing body before the actual public hearing. 375
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 16 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 10. Paragraph (a) of subsection (3) of section 376
497.270, Florida Statutes, is amended to read: 377
497.270 Minimum acreage; sale or disposition of cemetery 378
lands.— 379
(3)(a) If the property to be sold, conveyed, or disposed 380
of under subsection (2) has been or is being used for the 381
permanent interment of human remains, the applicant for approval 382
of such sale, conveyance, or disposition shall cause to be 383
published, at least once a week for 4 consecutive weeks, a 384
notice meeting the standards of publication set forth in s. 385
125.66(5)(b)2. s. 125.66(4)(b)2. The notice shall describe the 386
property in question and the proposed noncemetery use and shall 387
advise substantially affected pers ons that they may file a 388
written request for a hearing pursuant to chapter 120, within 14 389
days after the date of last publication of the notice, with the 390
department if they object to granting the applicant's request to 391
sell, convey, or dispose of the subje ct property for noncemetery 392
uses. 393
Section 11. Paragraph (a) of subsection (2) of section 394
562.45, Florida Statutes, is amended to read: 395
562.45 Penalties for violating Beverage Law; local 396
ordinances; prohibiting regulation of certain activities or 397
business transactions; requiring nondiscriminatory treatment; 398
providing exceptions. — 399
(2)(a) Nothing contained in the Beverage Law shall be 400
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 17 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
construed to affect or impair the power or right of any county 401
or incorporated municipality of the state to enact ordin ances 402
regulating the hours of business and location of place of 403
business, and prescribing sanitary regulations therefor, of any 404
licensee under the Beverage Law within the county or corporate 405
limits of such municipality. However, except for premises 406
licensed on or before July 1, 1999, and except for locations 407
that are licensed as restaurants, which derive at least 51 408
percent of their gross revenues from the sale of food and 409
nonalcoholic beverages, pursuant to chapter 509, a location for 410
on-premises consumption of alcoholic beverages may not be 411
located within 500 feet of the real property that comprises a 412
public or private elementary school, middle school, or secondary 413
school unless the county or municipality approves the location 414
as promoting the public healt h, safety, and general welfare of 415
the community under proceedings as provided in s. 125.66(5) s. 416
125.66(4), for counties, and s. 166.041(3)(c), for 417
municipalities. This restriction shall not, however, be 418
construed to prohibit the issuance of temporary perm its to 419
certain nonprofit organizations as provided for in s. 561.422. 420
The division may not issue a change in the series of a license 421
or approve a change of a licensee's location unless the licensee 422
provides documentation of proper zoning from the appropria te 423
county or municipal zoning authorities. 424
Section 12. Subsection (1) of section 847.0134, Florida 425
HB 403 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0403-00
Page 18 of 18
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, is amended to read: 426
847.0134 Prohibition of adult entertainment establishment 427
that displays, sells, or distributes materials harmful to minor s 428
within 2,500 feet of a school. — 429
(1) Except for those establishments that are legally 430
operating or have been granted a permit from a local government 431
to operate as adult entertainment establishments on or before 432
July 1, 2001, an adult entertainment esta blishment that sells, 433
rents, loans, distributes, transmits, shows, or exhibits any 434
obscene material, as described in s. 847.0133, or presents live 435
entertainment or a motion picture, slide, or other exhibit that, 436
in whole or in part, depicts nudity, sexual conduct, sexual 437
excitement, sexual battery, sexual bestiality, or 438
sadomasochistic abuse and that is harmful to minors, as 439
described in s. 847.001, may not be located within 2,500 feet of 440
the real property that comprises a public or private elementary 441
school, middle school, or secondary school unless the county or 442
municipality approves the location under proceedings as provided 443
in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c) 444
for municipalities. 445
Section 13. The Legislature finds and declares that this 446
act fulfills an important state interest. 447
Section 14. This act shall take effect October 1, 2022. 448