FL
Florida House Bill H0403

Florida 2022 Regular Session

Florida House Bill H0403 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to local ordinances; amending s. 2
1616 57.112, F.S.; authorizing courts to assess and award 3
17-reasonable attorney fees and costs and damages in 4
18-certain civil actions filed against local governments; 5
19-specifying a limitation on awards and a restricti on; 6
20-providing construction and applicability; amending s. 7
21-125.66, F.S.; requiring a board of county 8
22-commissioners to prepare or cause to be prepared a 9
23-business impact estimate before the enactment of a 10
24-proposed ordinance; specifying requirements for the 11
25-posting and content of the estimate; providing 12
26-construction and applicability; creating s. 125.675, 13
27-F.S.; requiring a county to suspend enforcement of an 14
28-ordinance that is the subject of a certain legal 15
29-action if certain conditions are met; authorizing a 16
30-prevailing county to enforce the ordinance after a 17
31-specified period, except under certain circumstances; 18
32-requiring courts to give priority to certain cases; 19
33-providing construction relating to an attorney's or a 20
34-party's signature; requiring a court to impose 21
35-sanctions under certain circumstances; providing 22
36-applicability; authorizing courts to award attorney 23
37-fees and costs and damages under certain 24
38-circumstances; amending s. 166.041, F.S.; requiring a 25
17+attorney fees and costs and damages in certain civil 4
18+actions filed against local governments; providing 5
19+construction; amending s. 125.66, F.S.; requiring a 6
20+board of county commissioners to prepare a business 7
21+impact statement before the adoption of a proposed 8
22+ordinance; specifying requirements for the posting and 9
23+content of the statement; providing applicability; 10
24+creating s. 125.675, F.S.; requiring a county to 11
25+suspend enforcement of an ordinance that is the 12
26+subject of a certain legal action if certain 13
27+conditions are met; requiring courts to give priority 14
28+to certain cases; specifying factors a court must 15
29+consider in determining whether an ordinance is 16
30+arbitrary or unreasonable; providing applicability; 17
31+authorizing courts to award attorney fees and costs 18
32+under certain circumstances; amending s. 166.041, 19
33+F.S.; requiring a governing body of a municipality to 20
34+prepare a business impact statement before the 21
35+adoption of a proposed ordinance; specifying 22
36+requirements for the posting and content of the 23
37+statement; providing applicability; creating s. 24
38+166.0411, F.S.; requiring a municipality to suspend 25
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4747 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
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51-governing body of a municipality to prepare or cause 26
52-to be prepared a business impact estimate before the 27
53-enactment of a proposed ordinance; specifying 28
54-requirements for the posting and content of the 29
55-estimate; providing construction and applicability; 30
56-creating s. 166.0411, F.S.; requiring a municipality 31
57-to suspend enforcement of an ordinance that is the 32
58-subject of a certain legal action if certain 33
59-conditions are met; authorizing a prevailing 34
60-municipality to enforce the ordinance after a 35
61-specified period, except under certain circumstances; 36
62-requiring courts to give pr iority to certain cases; 37
63-providing construction relating to an attorney's or a 38
64-party's signature; requiring a court to impose 39
65-sanctions under certain circumstances; providing 40
66-applicability; authorizing courts to award attorney 41
67-fees and costs and damages un der certain 42
68-circumstances; amending ss. 163.2517, 163.3181, 43
69-163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.; 44
70-conforming cross-references; providing a declaration 45
71-of important state interest; providing an effective 46
72-date. 47
73- 48
74-Be It Enacted by the Legi slature of the State of Florida: 49
75- 50
51+enforcement of an ordinance that is the subject of a 26
52+certain legal action if certain conditions are met; 27
53+requiring courts to give priority to certain cases; 28
54+specifying factors a court must consider in 29
55+determining whether an ordinance is arbitrary or 30
56+unreasonable; providing applicability; authorizing 31
57+courts to award attorney f ees and costs under certain 32
58+circumstances; amending ss. 163.2517, 163.3181, 33
59+163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.; 34
60+conforming cross-references; providing a declaration 35
61+of important state interest; providing an effective 36
62+date. 37
63+ 38
64+Be It Enacted by the Legislature of the State of Florida: 39
65+ 40
66+ Section 1. Section 57.112, Florida Statutes, is amended to 41
67+read: 42
68+ 57.112 Attorney fees and costs and damages; preempted 43
69+local actions.— 44
70+ (1) As used in this section, the term "attorney fees and 45
71+costs" means the reasonable and necessary attorney fees and 46
72+costs incurred for all preparations, motions, hearings, trials, 47
73+and appeals in a proceeding. 48
74+ (2) If a civil action is filed against a local government 49
75+to challenge the adoption or enforcement of a l ocal ordinance on 50
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8484 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
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88- Section 1. Section 57.112, Florida Statutes, is amended to 51
89-read: 52
90- 57.112 Attorney fees and costs and damages; arbitrary, 53
91-unreasonable, or expressly preempted local ordinances actions.— 54
92- (1) As used in this section, t he term "attorney fees and 55
93-costs" means the reasonable and necessary attorney fees and 56
94-costs incurred for all preparations, motions, hearings, trials, 57
95-and appeals in a proceeding. 58
96- (2) If a civil action is filed against a local government 59
97-to challenge the adoption or enforcement of a local ordinance on 60
98-the grounds that it is expressly preempted by the State 61
99-Constitution or by state law, the court shall assess and award 62
100-reasonable attorney fees and costs and damages to the prevailing 63
101-party. 64
102- (3) If a civil action is filed against a local government 65
103-to challenge the adoption of a local ordinance on the grounds 66
104-that the ordinance is arbitrary or unreasonable, the court may 67
105-assess and award reasonable attorney fees and costs and damages 68
106-to a prevailing plainti ff. An award of reasonable attorney fees 69
107-or costs and damages pursuant to this subsection may not exceed 70
108-$50,000. In addition, a prevailing plaintiff may not recover any 71
109-attorney fees or costs directly incurred or associated with 72
110-litigation to determine an award of reasonable attorney fees or 73
111-costs. 74
88+the grounds that it is expressly preempted by the State 51
89+Constitution or by state law, the court shall assess and award 52
90+reasonable attorney fees and costs and damages to the prevailing 53
91+party. 54
92+ (3) If a civil action is filed against a loca l government 55
93+to challenge the adoption or enforcement of a local ordinance on 56
94+the grounds that the ordinance is arbitrary or unreasonable, or 57
95+is prohibited by law other than via express preemption, the 58
96+court may assess and award reasonable attorney fees an d costs 59
97+and damages to the complainant if successful. 60
98+ (4) Attorney fees and costs may not be awarded pursuant to 61
99+this section if: 62
100+ (a) The governing body of a local governmental entity 63
101+receives written notice that an ordinance that has been publicly 64
102+noticed or adopted is expressly preempted by the State 65
103+Constitution or state law , is arbitrary or unreasonable, or is 66
104+otherwise prohibited by law ; and 67
105+ (b) The governing body of the local governmental entity 68
106+withdraws the proposed ordinance within 30 days; o r, in the case 69
107+of an adopted ordinance, the governing body of a local 70
108+government notices an intent to repeal the ordinance within 30 71
109+days of receipt of the notice and repeals the ordinance within 72
110+30 days thereafter. 73
111+ (5)(4) The provisions in this section are supplemental to 74
112+all other sanctions or remedies available under law or court 75
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120121 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
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124- (4) Attorney fees and costs and damages may not be awarded 75
125-pursuant to this section if: 76
126- (a) The governing body of a local governmental entity 77
127-receives written notice that an ordinance that has been publicly 78
128-noticed or adopted is expressly preempted by the State 79
129-Constitution or state law or is arbitrary or unreasonable ; and 80
130- (b) The governing body of the local governmental entity 81
131-withdraws the proposed ordinance within 30 days; or, in the case 82
132-of an adopted ordinance, the governing body of a local 83
133-government notices an intent to repeal the ordinance within 30 84
134-days of receipt of the notice and repeals the ordinance within 85
135-30 days thereafter. 86
136- (5)(4) The provisions in this section are supplemental to 87
137-all other sanctions or remedies available under law or court 88
138-rule. However, this section may not be construed to authorize 89
139-double recovery if an affected person prevails on a damages 90
140-claim brought against a local government pursuant to other 91
141-applicable law involving the same ordinance, operative acts, or 92
142-transactions. 93
143- (6)(5) This section does not apply to local ordinances 94
144-adopted pursuant to part II of chapter 163, s. 553.73, or s. 95
145-633.202. 96
146- (7)(a)(6) Except as provided in paragraph (b), this 97
147-section is intended t o be prospective in nature and applies 98
148-shall apply only to cases commenced on or after July 1, 2019. 99
125+rule. 76
126+ (6)(5) This section does not apply to local ordinances 77
127+adopted pursuant to part II of chapter 163, s. 553.73, or s. 78
128+633.202. 79
129+ (7)(6) Subsections (1), (2), (4), (5), a nd (6) are This 80
130+section is intended to be prospective in nature and shall apply 81
131+only to cases commenced on or after July 1, 2019. Subsection (3) 82
132+is intended to be prospective in nature and applies only to 83
133+cases commenced on or after October 1, 2022. 84
134+ Section 2. Present subsections (3) through (6) of section 85
135+125.66, Florida Statutes, are redesignated as subsections (4) 86
136+through (7), respectively, a new subsection (3) is added to that 87
137+section, and paragraph (a) of subsection (2) of that section is 88
138+amended, to read: 89
139+ 125.66 Ordinances; enactment procedure; emergency 90
140+ordinances; rezoning or change of land use ordinances or 91
141+resolutions.— 92
142+ (2)(a) The regular enactment procedure shall be as 93
143+follows: The board of county commissioners at any regular or 94
144+special meeting may enact or amend any ordinance, except as 95
145+provided in subsection (5) (4), if notice of intent to consider 96
146+such ordinance is given at least 10 days before such meeting by 97
147+publication as provided in chapter 50. A copy of such notice 98
148+shall be kept available for public inspection during the regular 99
149+business hours of the office of the clerk of the board of county 100
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157158 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
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161- (b) The amendments to this section effective October 1, 100
162-2022, are prospective in nature and apply only to ordinances 101
163-adopted on or after October 1, 2022. 102
164- Section 2. Present subsections (3) through (6) of section 103
165-125.66, Florida Statutes, are redesignated as subsections (4) 104
166-through (7), respectively, a new subsection (3) is added to that 105
167-section, and paragraph (a) of subsection (2) of that section is 106
168-amended, to read: 107
169- 125.66 Ordinances; enactment procedure; emergency 108
170-ordinances; rezoning or change of land use ordinances or 109
171-resolutions.— 110
172- (2)(a) The regular enactment procedure shall be as 111
173-follows: The board of county commissioners at any regular or 112
174-special meeting may enact or amend any ordinance, except as 113
175-provided in subsection (5) (4), if notice of intent to consider 114
176-such ordinance is given at least 10 days before such meeting by 115
177-publication as provided in chapter 50. A copy of such notice 116
178-shall be kept available for public inspection during the regular 117
179-business hours of the office of the clerk of the board of county 118
180-commissioners. The notice of proposed enactment shall state the 119
181-date, time, and place of the meeting; the title or titles of 120
182-proposed ordinances; and the place or places within the county 121
183-where such proposed ordinances may be inspected by the public. 122
184-The notice shall also advise that interested parties may appear 123
185-at the meeting and be heard with respect to the proposed 124
162+commissioners. The n otice of proposed enactment shall state the 101
163+date, time, and place of the meeting; the title or titles of 102
164+proposed ordinances; and the place or places within the county 103
165+where such proposed ordinances may be inspected by the public. 104
166+The notice shall also adv ise that interested parties may appear 105
167+at the meeting and be heard with respect to the proposed 106
168+ordinance. 107
169+ (3)(a) Before the adoption of each proposed ordinance, the 108
170+board of county commissioners shall prepare a business impact 109
171+statement in accordance wi th this subsection. The business 110
172+impact statement must be posted on the county's website on the 111
173+same day the notice of proposed enactment is published pursuant 112
174+to paragraph (2)(a) and must include: 113
175+ 1. A statement of the public purpose to be served by the 114
176+proposed ordinance, such as serving the public health, safety, 115
177+or welfare of the county; 116
178+ 2. A statement of the reasonable connection between the 117
179+public purpose and the expected effects of the ordinance; 118
180+ 3. The estimated economic effect of the proposed ordinance 119
181+on businesses both within and outside the county, including both 120
182+adverse and beneficial effects and both direct and indirect 121
183+effects; 122
184+ 4. A good faith estimate of the number of businesses 123
185+likely to be affected by the ordinance; 124
186+ 5. An analysis of the extent to which the proposed 125
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194195 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
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198-ordinance. 125
199- (3)(a) Before the enactment of a proposed ordinance, the 126
200-board of county commissioners shall prepare or cause to be 127
201-prepared a business impact estimate in accordance with this 128
202-subsection. The business impact estimate must be posted on the 129
203-county's website no late r than the date the notice of proposed 130
204-enactment is published pursuant to paragraph (2)(a) and must 131
205-include all of the following: 132
206- 1. A summary of the proposed ordinance, including a 133
207-statement of the public purpose to be served by the proposed 134
208-ordinance, such as serving the public health, safety, morals, 135
209-and welfare of the county. 136
210- 2. An estimate of the direct economic impact of the 137
211-proposed ordinance on private for -profit businesses in the 138
212-county, including the following, if any: 139
213- a. An estimate of dire ct compliance costs businesses may 140
214-reasonably incur if the ordinance is enacted. 141
215- b. Identification of any new charge or fee on businesses 142
216-subject to the proposed ordinance or for which businesses will 143
217-be financially responsible. 144
218- c. An estimate of the c ounty's regulatory costs, including 145
219-an estimate of revenues from any new charges or fees that will 146
220-be imposed on businesses to cover such costs. 147
221- 3. A good faith estimate of the number of businesses 148
222-likely to be impacted by the ordinance. 149
199+ordinance is likely to deter or encourage the formation of new 126
200+businesses within the county's jurisdiction; 127
201+ 6. An analysis of the extent to which the proposed 128
202+ordinance will impede the ability of businesses within the 129
203+county to compete with other businesses in other areas of this 130
204+state or other domestic markets; 131
205+ 7. If applicable, the scientific basis for the proposed 132
206+ordinance; 133
207+ 8. Alternatives considered by the county which would 134
208+reduce the impact of the proposed o rdinance on businesses; and 135
209+ 9. Any additional information the board determines may be 136
210+useful. 137
211+ (b) This subsection does not apply to an emergency 138
212+ordinance enacted pursuant to this section. 139
213+ Section 3. Section 125.675, Florida Statutes, is created 140
214+to read: 141
215+ 125.675 Legal challenges to certain recently enacted 142
216+ordinances.— 143
217+ (1) A county must suspend enforcement of an ordinance that 144
218+is the subject of an action, including appeals, challenging the 145
219+ordinance's validity on the grounds that it is preempted by the 146
220+State Constitution or by state law, is arbitrary or 147
221+unreasonable, or is otherwise prohibited by law, if: 148
222+ (a) The action was filed with the court no later than 20 149
223+days after the effective date of the ordinance; 150
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231232 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
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235- 4. Any additional information the board determines may be 150
236-useful. 151
237- (b) This subsection may not be construed to require a 152
238-county to procure an accountant or other financial consultant to 153
239-prepare the business impact estimate required by this 154
240-subsection. 155
241- (c) This subsection does not apply to local ordinances 156
242-enacted to implement the following: 157
243- 1. Part II of chapter 163; 158
244- 2. Section 553.73; 159
245- 3. Section 633.202; 160
246- 4. Sections 190.005 and 190.046; 161
247- 5. Ordinances required to comply with federal or state law 162
248-or regulation; 163
249- 6. Ordinances related to the issuance or refinancing of 164
250-debt; 165
251- 7. Ordinances related to the adoption of budgets or budget 166
252-amendments; 167
253- 8. Ordinances required to implement a contract or an 168
254-agreement, including, but not limited to, any federal, state, 169
255-local, or private grant, or other financial assistance accepted 170
256-by a county government; or 171
257- 9. Emergency ordinances. 172
258- Section 3. Section 125.675, Florida Statutes, is created 173
259-to read: 174
236+ (b) The plaintiff or petitioner re quests suspension in the 151
237+initial complaint or petition, citing this section; and 152
238+ (c) The county has been served with a copy of the 153
239+complaint or petition. 154
240+ (2) The court shall give cases in which the enforcement of 155
241+an ordinance is suspended under this se ction priority over other 156
242+pending cases and shall render a preliminary or final decision 157
243+on the validity of the ordinance as expeditiously as possible. 158
244+ (3) In determining whether an ordinance is arbitrary or 159
245+unreasonable, the court shall consider, but is not limited to, 160
246+the following factors: 161
247+ (a) The extent to which the ordinance protects the health, 162
248+welfare, safety, and quality of life of the residents of the 163
249+county; 164
250+ (b) The impact of the ordinance on the personal rights and 165
251+privileges of the residen ts of the county; 166
252+ (c) The total economic impact of the ordinance; and 167
253+ (d) The business impact statement prepared by the county 168
254+as required by s. 125.66(3). 169
255+ (4) This section does not apply to an emergency ordinance 170
256+or an ordinance governed by part II of chapter 163, s. 553.73, 171
257+or s. 633.202. 172
258+ (5) The court may award attorney fees and costs as 173
259+provided in s. 57.112. 174
260+ Section 4. Present subsections (4) through (8) of section 175
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268269 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
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272- 125.675 Legal challenges to certain recently enacted 175
273-ordinances.— 176
274- (1) A county must suspend enforcement of an ordinance that 177
275-is the subject of an action challenging the ordinance's validity 178
276-on the grounds that it is expressly preempted by the State 179
277-Constitution or by state law or is arbitrary or unreasonable if: 180
278- (a) The action was filed with the court no later than 90 181
279-days after the adoption of the ordinance; 182
280- (b) The complainant requests suspension in the initial 183
281-complaint or petition, citing this section; and 184
282- (c) The county has been served with a copy of the 185
283-complaint or petition. 186
284- (2) When the plaintiff appeals a final judgment finding 187
285-that an ordinance is valid and enforceable, the county may 188
286-enforce the ordinance 30 days after the entry of the order 189
287-unless the plaintiff files a motion for a stay of the lower 190
288-tribunal's order which is granted by the appellate court. 191
289- (3) The court shall give cases in which the enforcement of 192
290-an ordinance is suspended under this section priority over other 193
291-pending cases and shall render a preliminary or final decision 194
292-on the validity of the ordinance as expeditiously as possible. 195
293- (4) The signature of an attorney or a party constitutes a 196
294-certificate that he or she has read the pleading, motion, or 197
295-other paper and that, to the best of his or her knowledge, 198
296-information, and belie f formed after reasonable inquiry, it is 199
273+166.041, Florida Statutes, are redesignated as subsections (5) 176
274+through (9), respectively, and a new subsection (4) is added to 177
275+that section, to read: 178
276+ 166.041 Procedures for adoption of ordinances and 179
277+resolutions.— 180
278+ (4)(a) Before the adoption of each proposed ordinance, the 181
279+governing body of a municipality shall prepare a business impact 182
280+statement in accordance with this subsection. The business 183
281+impact statement must be posted on the municipality's website on 184
282+the same day the notice of proposed enactment is published 185
283+pursuant to paragraph (3)(a) and must include: 186
284+ 1. A statement of the public purpose to be served by the 187
285+proposed ordinance, such as serving the public health, safety, 188
286+or welfare of the municipality; 189
287+ 2. A statement of the reasonable connection between the 190
288+public purpose and the expected effects of the ordinan ce; 191
289+ 3. The estimated economic effect of the proposed ordinance 192
290+on businesses both within and outside the municipality, 193
291+including both adverse and beneficial effects and both direct 194
292+and indirect effects; 195
293+ 4. A good faith estimate of the number of busines ses 196
294+likely to be affected by the ordinance; 197
295+ 5. An analysis of the extent to which the proposed 198
296+ordinance is likely to deter or encourage the formation of new 199
297+businesses within the municipality's jurisdiction; 200
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305306 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
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309-not interposed for any improper purpose, such as to harass or to 200
310-cause unnecessary delay, or for economic advantage, competitive 201
311-reasons, or frivolous purposes or needless increase in the cost 202
312-of litigation. If a pl eading, motion, or other paper is signed 203
313-in violation of these requirements, the court, upon its own 204
314-initiative, shall impose upon the person who signed it, a 205
315-represented party, or both, an appropriate sanction, which may 206
316-include an order to pay to the oth er party or parties the amount 207
317-of reasonable expenses incurred because of the filing of the 208
318-pleading, motion, or other paper, including reasonable attorney 209
319-fees. 210
320- (5) This section does not apply to local ordinances 211
321-enacted to implement the following: 212
322- (a) Part II of chapter 163; 213
323- (b) Section 553.73; 214
324- (c) Section 633.202; 215
325- (d) Sections 190.005 and 190.046; 216
326- (e) Ordinances required to comply with federal or state 217
327-law or regulation; 218
328- (f) Ordinances related to the issuance or refinancing of 219
329-debt; 220
330- (g) Ordinances related to the adoption of budgets or 221
331-budget amendments; 222
332- (h) Ordinances required to implement a contract or an 223
333-agreement, including, but not limited to, any federal, state, 224
310+ 6. An analysis of the extent to which the p roposed 201
311+ordinance will impede the ability of businesses within the 202
312+municipality to compete with other businesses in other areas of 203
313+this state or other domestic markets; 204
314+ 7. If applicable, the scientific basis for the proposed 205
315+ordinance; 206
316+ 8. Alternatives considered by the municipality which would 207
317+reduce the impact of the proposed ordinance on businesses; and 208
318+ 9. Any additional information the governing body 209
319+determines may be useful. 210
320+ (b) This subsection does not apply to an emergency 211
321+ordinance enacted pu rsuant to this section. 212
322+ Section 5. Section 166.0411, Florida Statutes, is created 213
323+to read: 214
324+ 166.0411 Legal challenges to certain recently enacted 215
325+ordinances.— 216
326+ (1) A municipality must suspend enforcement of an 217
327+ordinance that is the subject of an acti on, including appeals, 218
328+challenging the ordinance's validity on the grounds that it is 219
329+preempted by the State Constitution or by state law, is 220
330+arbitrary or unreasonable, or is otherwise prohibited by law, 221
331+if: 222
332+ (a) The action was filed with the court no lat er than 20 223
333+days after the effective date of the ordinance; 224
334+ (b) The plaintiff or petitioner requests suspension in the 225
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342343 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
343344
344345
345346
346-local, or private grant, or other financial assistance accepted 225
347-by a county government; or 226
348- (i) Emergency ordinances. 227
349- (6) The court may award attorney fees and costs and 228
350-damages as provided in s. 57.112. 229
351- Section 4. Present subsections (4) through (8) of section 230
352-166.041, Florida Statutes, are redesignated as subsections (5) 231
353-through (9), respectively, and a new subsection (4) is added to 232
354-that section, to read: 233
355- 166.041 Procedures for adoption of ordinances and 234
356-resolutions.— 235
357- (4)(a) Before the enactment of a proposed ordinance, the 236
358-governing body of a municipality shall prepare or cause to be 237
359-prepared a business impact estimate in accordance with this 238
360-subsection. The business impact estimate must be posted on the 239
361-municipality's website no later than the date the notice of 240
362-proposed enactment is published pursuant to paragr aph (3)(a) and 241
363-must include all of the following: 242
364- 1. A summary of the proposed ordinance, including a 243
365-statement of the public purpose to be served by the proposed 244
366-ordinance, such as serving the public health, safety, morals, 245
367-and welfare of the municipali ty. 246
368- 2. An estimate of the direct economic impact of the 247
369-proposed ordinance on private for -profit businesses in the 248
370-municipality, including the following, if any: 249
347+initial complaint or petition, citing this section; and 226
348+ (c) The municipality has been served with a copy of the 227
349+complaint or petition. 228
350+ (2) The court shall give cases in which the enforcement of 229
351+an ordinance is suspended under this section priority over other 230
352+pending cases and shall render a preliminary or final decision 231
353+on the validity of the ordinance as expeditiously as possible. 232
354+ (3) In determining whether an ordinance is arbitrary or 233
355+unreasonable, the court shall consider, but is not limited to, 234
356+the following factors: 235
357+ (a) The extent to which the ordinance protects the health, 236
358+welfare, safety, and quality of life of the residents of the 237
359+municipality; 238
360+ (b) The impact of the ordinance on the personal rights and 239
361+privileges of the residents of the municipality; 240
362+ (c) The total economic impact of the ordinance; and 241
363+ (d) The business impact statement prepared by the 242
364+municipality as required by s. 166.041(4). 243
365+ (4) This section does not apply to an emergency ordinance 244
366+or an ordinance governed by part II of chapter 163, s. 553.73, 245
367+or s. 633.202. 246
368+ (5) The court may award attorney fees and costs as 247
369+provided in s. 57.112. 248
370+ Section 6. Subsection (5) of section 163.2517, Florida 249
371+Statutes, is amended to read: 250
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379380 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
380381
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383- a. An estimate of direct compliance costs businesses may 250
384-reasonably incur if the ordinance is enacted; 251
385- b. Identification of any new charge or fee on businesses 252
386-subject to the proposed ordinance, or for which businesses will 253
387-be financially responsible; and 254
388- c. An estimate of the municipality's regulatory costs, 255
389-including an estimate of revenu es from any new charges or fees 256
390-that will be imposed on businesses to cover such costs. 257
391- 3. A good faith estimate of the number of businesses 258
392-likely to be impacted by the ordinance. 259
393- 4. Any additional information the governing body 260
394-determines may be usef ul. 261
395- (b) This subsection may not be construed to require a 262
396-municipality to procure an accountant or other financial 263
397-consultant to prepare the business impact estimate required by 264
398-this subsection. 265
399- (c) This subsection does not apply to local ordinances 266
400-enacted to implement the following: 267
401- 1. Part II of chapter 163; 268
402- 2. Section 553.73; 269
403- 3. Section 633.202; 270
404- 4. Sections 190.005 and 190.046; 271
405- 5. Ordinances required to comply with federal or state law 272
406-or regulation; 273
407- 6. Ordinances related to the issuance or refinancing of 274
384+ 163.2517 Designation of urban infill and redevelopment 251
385+area.— 252
386+ (5) After the preparation of an urban infill and 253
387+redevelopment plan or designation of an existing plan, the local 254
388+government shall adopt the plan by ordinance. Notice for the 255
389+public hearing on the ordinance must be in the form established 256
390+in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 257
391+s. 125.66(4)(b)2. for counties. 258
392+ Section 7. Paragraph (a) of subsecti on (3) of section 259
393+163.3181, Florida Statutes, is amended to read: 260
394+ 163.3181 Public participation in the comprehensive 261
395+planning process; intent; alternative dispute resolution. — 262
396+ (3) A local government considering undertaking a publicly 263
397+financed capital improvement project may elect to use the 264
398+procedures set forth in this subsection for the purpose of 265
399+allowing public participation in the decision and resolution of 266
400+disputes. For purposes of this subsection, a publicly financed 267
401+capital improvement project i s a physical structure or 268
402+structures, the funding for construction, operation, and 269
403+maintenance of which is financed entirely from public funds. 270
404+ (a) Prior to the date of a public hearing on the decision 271
405+on whether to proceed with the proposed project, the local 272
406+government shall publish public notice of its intent to decide 273
407+the issue according to the notice procedures described by s. 274
408+125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s. 275
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416417 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
417418
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420-debt; 275
421- 7. Ordinances related to the adoption of budgets or budget 276
422-amendments; 277
423- 8. Ordinances required to implement a contract or an 278
424-agreement, including, but not limited to, any federal, state, 279
425-local, or private grant, or other financial assistance accepted 280
426-by a local government; or 281
427- 9. Emergency ordinances. 282
428- Section 5. Section 166.0411, Florida Statutes, is created 283
429-to read: 284
430- 166.0411 Legal challenges to certain recently enacted 285
431-ordinances.— 286
432- (1) A municipality must suspend enforcement of an 287
433-ordinance that is the subject of an action challenging the 288
434-ordinance's validity on the grounds that it is expressly 289
435-preempted by the State Constitution or by state law or is 290
436-arbitrary or unreasonable if: 291
437- (a) The action was filed with the court no later than 90 292
438-days after the adoption of the ordinance; 293
439- (b) The complainant requests suspension in the initial 294
440-complaint or petition, citing this section; and 295
441- (c) The municipality has been served with a copy o f the 296
442-complaint or petition. 297
443- (2) When the plaintiff appeals a final judgment finding 298
444-that an ordinance is valid and enforceable, the municipality may 299
421+166.041(3)(c)2.b. for a municipality. 276
422+ Section 8. Paragraph (a) of sub section (4) of section 277
423+163.3215, Florida Statutes, is amended to read: 278
424+ 163.3215 Standing to enforce local comprehensive plans 279
425+through development orders. — 280
426+ (4) If a local government elects to adopt or has adopted 281
427+an ordinance establishing, at a minimum, the requirements listed 282
428+in this subsection, the sole method by which an aggrieved and 283
429+adversely affected party may challenge any decision of local 284
430+government granting or denying an application for a development 285
431+order, as defined in s. 163.3164, which mate rially alters the 286
432+use or density or intensity of use on a particular piece of 287
433+property, on the basis that it is not consistent with the 288
434+comprehensive plan adopted under this part, is by an appeal 289
435+filed by a petition for writ of certiorari filed in circuit 290
436+court no later than 30 days following rendition of a development 291
437+order or other written decision of the local government, or when 292
438+all local administrative appeals, if any, are exhausted, 293
439+whichever occurs later. An action for injunctive or other relief 294
440+may be joined with the petition for certiorari. Principles of 295
441+judicial or administrative res judicata and collateral estoppel 296
442+apply to these proceedings. Minimum components of the local 297
443+process are as follows: 298
444+ (a) The local process must make provision for no tice of an 299
445+application for a development order that materially alters the 300
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453454 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
454455
455456
456457
457-enforce the ordinance 30 days after the entry of the order 300
458-unless the plaintiff files a motion for a sta y of the lower 301
459-tribunal's order which is granted by the appellate court. 302
460- (3) The court shall give cases in which the enforcement of 303
461-an ordinance is suspended under this section priority over other 304
462-pending cases and shall render a preliminary or final dec ision 305
463-on the validity of the ordinance as expeditiously as possible. 306
464- (4) The signature of an attorney or a party constitutes a 307
465-certificate that he or she has read the pleading, motion, or 308
466-other paper and that, to the best of his or her knowledge, 309
467-information, and belief formed after reasonable inquiry, it is 310
468-not interposed for any improper purpose, such as to harass or to 311
469-cause unnecessary delay, or for economic advantage, competitive 312
470-reasons, or frivolous purposes or needless increase in the cost 313
471-of litigation. If a pleading, motion, or other paper is signed 314
472-in violation of these requirements, the court, upon its own 315
473-initiative, shall impose upon the person who signed it, a 316
474-represented party, or both, an appropriate sanction, which may 317
475-include an order to pay to the other party or parties the amount 318
476-of reasonable expenses incurred because of the filing of the 319
477-pleading, motion, or other paper, including reasonable attorney 320
478-fees. 321
479- (5) This section does not apply to local ordinances 322
480-enacted to implement the following: 323
481- (a) Part II of chapter 163; 324
458+use or density or intensity of use on a particular piece of 301
459+property, including notice by publication or mailed notice 302
460+consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 303
461+166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and 304
462+166.041(3)(c)2.b. and c. , and must require prominent posting at 305
463+the job site. The notice must be given within 10 days after the 306
464+filing of an application for a development order; however, 307
465+notice under this subsection is not required for an application 308
466+for a building permit or any other official action of local 309
467+government which does not materially alter the use or density or 310
468+intensity of use on a particular piece of property. The notice 311
469+must clearly delineate that an aggrieved or adversely affected 312
470+person has the right to request a quasi -judicial hearing before 313
471+the local government for which the application is made, must 314
472+explain the conditions precedent to the appeal of any 315
473+development order ultimately re ndered upon the application, and 316
474+must specify the location where written procedures can be 317
475+obtained that describe the process, including how to initiate 318
476+the quasi-judicial process, the timeframes for initiating the 319
477+process, and the location of the hearing. The process may 320
478+include an opportunity for an alternative dispute resolution. 321
479+ Section 9. Paragraph (c) of subsection (1) of section 322
480+376.80, Florida Statutes, is amended to read: 323
481+ 376.80 Brownfield program administration process. — 324
482+ (1) The following general procedures apply to brownfield 325
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490491 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
491492
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494- (b) Section 553.73; 325
495- (c) Section 633.202; 326
496- (d) Sections 190.005 and 190.046; 327
497- (e) Ordinances required to comply with federal or state 328
498-law or regulation; 329
499- (f) Ordinances related to the issuance or refinancing o f 330
500-debt; 331
501- (g) Ordinances related to the adoption of budgets or 332
502-budget amendments; 333
503- (h) Ordinances required to implement a contract or an 334
504-agreement, including, but not limited to, any federal, state, 335
505-local, or private grant, or other financial assistance a ccepted 336
506-by a municipal government; or 337
507- (i) Emergency ordinances. 338
508- (6) The court may award attorney fees and costs and 339
509-damages as provided in s. 57.112. 340
510- Section 6. Subsection (5) of section 163.2517, Florida 341
511-Statutes, is amended to read: 342
512- 163.2517 Designation of urban infill and redevelopment 343
513-area.— 344
514- (5) After the preparation of an urban infill and 345
515-redevelopment plan or designation of an existing plan, the local 346
516-government shall adopt the plan by ordinance. Notice for the 347
517-public hearing on the ordina nce must be in the form established 348
518-in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2. 349
495+designations: 326
496+ (c) Except as otherwise provided, the following provisions 327
497+apply to all proposed brownfield area designations: 328
498+ 1. Notification to department following adoption. —A local 329
499+government with jurisdiction o ver the brownfield area must 330
500+notify the department, and, if applicable, the local pollution 331
501+control program under s. 403.182, of its decision to designate a 332
502+brownfield area for rehabilitation for the purposes of ss. 333
503+376.77-376.86. The notification must inc lude a resolution 334
504+adopted by the local government body. The local government shall 335
505+notify the department, and, if applicable, the local pollution 336
506+control program under s. 403.182, of the designation within 30 337
507+days after adoption of the resolution. 338
508+ 2. Resolution adoption.—The brownfield area designation 339
509+must be carried out by a resolution adopted by the 340
510+jurisdictional local government, which includes a map adequate 341
511+to clearly delineate exactly which parcels are to be included in 342
512+the brownfield area or alte rnatively a less-detailed map 343
513+accompanied by a detailed legal description of the brownfield 344
514+area. For municipalities, the governing body shall adopt the 345
515+resolution in accordance with the procedures outlined in s. 346
516+166.041, except that the procedures for the public hearings on 347
517+the proposed resolution must be in the form established in s. 348
518+166.041(3)(c)2. For counties, the governing body shall adopt the 349
519+resolution in accordance with the procedures outlined in s. 350
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527528 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
528529
529530
530531
531-s. 125.66(4)(b)2. for counties. 350
532- Section 7. Paragraph (a) of subsection (3) of section 351
533-163.3181, Florida Statutes, is amended to read: 352
534- 163.3181 Public participation in the comprehensive 353
535-planning process; intent; alternative dispute resolution. — 354
536- (3) A local government considering undertaking a publicly 355
537-financed capital improvement project may elect to use the 356
538-procedures set forth in this subsection for the purpose of 357
539-allowing public participation in the decision and resolution of 358
540-disputes. For purposes of this subsection, a publicly financed 359
541-capital improvement project is a physical structure or 360
542-structures, the funding for construction, operation, and 361
543-maintenance of which is financed entirely from public funds. 362
544- (a) Prior to the date of a public hearing on the decision 363
545-on whether to proceed with the proposed project, the local 364
546-government shall publish public notice of its intent to decide 365
547-the issue according to the notice procedures described by s. 366
548-125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s. 367
549-166.041(3)(c)2.b. for a municipality. 368
550- Section 8. Paragraph (a) of subsection (4) of section 369
551-163.3215, Florida Statutes, is amended to read: 370
552- 163.3215 Standing to enforce local comprehensive plans 371
553-through development orders. — 372
554- (4) If a local government elects to adopt or has adopted 373
555-an ordinance establishing, at a minimum, the requirements listed 374
532+125.66, except that the procedures for the public hearings on 351
533+the proposed resolution shall be in the form established in s. 352
534+125.66(5)(b) s. 125.66(4)(b). 353
535+ 3. Right to be removed from proposed brownfield area. —If a 354
536+property owner within the area proposed for designation by the 355
537+local government requests in writing to have his or her property 356
538+removed from the proposed designation, the local government 357
539+shall grant the request. 358
540+ 4. Notice and public hearing requirements for designation 359
541+of a proposed brownfield area outside a redevelopment area or by 360
542+a nongovernmental entity. Compliance with the following 361
543+provisions is required before designation of a proposed 362
544+brownfield area under paragraph (2)(a) or paragraph (2)(c): 363
545+ a. At least one of the required public hearings shall be 364
546+conducted as closely as is reaso nably practicable to the area to 365
547+be designated to provide an opportunity for public input on the 366
548+size of the area, the objectives for rehabilitation, job 367
549+opportunities and economic developments anticipated, 368
550+neighborhood residents' considerations, and other relevant local 369
551+concerns. 370
552+ b. Notice of a public hearing must be made in a newspaper 371
553+of general circulation in the area, must be made in ethnic 372
554+newspapers or local community bulletins, must be posted in the 373
555+affected area, and must be announced at a schedu led meeting of 374
556+the local governing body before the actual public hearing. 375
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564565 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
565566
566567
567568
568-in this subsection, the sole method by which an aggrieved an d 375
569-adversely affected party may challenge any decision of local 376
570-government granting or denying an application for a development 377
571-order, as defined in s. 163.3164, which materially alters the 378
572-use or density or intensity of use on a particular piece of 379
573-property, on the basis that it is not consistent with the 380
574-comprehensive plan adopted under this part, is by an appeal 381
575-filed by a petition for writ of certiorari filed in circuit 382
576-court no later than 30 days following rendition of a development 383
577-order or other writt en decision of the local government, or when 384
578-all local administrative appeals, if any, are exhausted, 385
579-whichever occurs later. An action for injunctive or other relief 386
580-may be joined with the petition for certiorari. Principles of 387
581-judicial or administrative res judicata and collateral estoppel 388
582-apply to these proceedings. Minimum components of the local 389
583-process are as follows: 390
584- (a) The local process must make provision for notice of an 391
585-application for a development order that materially alters the 392
586-use or density or intensity of use on a particular piece of 393
587-property, including notice by publication or mailed notice 394
588-consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 395
589-166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and 396
590-166.041(3)(c)2.b. and c. , and must require prominent posting at 397
591-the job site. The notice must be given within 10 days after the 398
592-filing of an application for a development order; however, 399
569+ Section 10. Paragraph (a) of subsection (3) of section 376
570+497.270, Florida Statutes, is amended to read: 377
571+ 497.270 Minimum acreage; sale or disposition of cemetery 378
572+lands.— 379
573+ (3)(a) If the property to be sold, conveyed, or disposed 380
574+of under subsection (2) has been or is being used for the 381
575+permanent interment of human remains, the applicant for approval 382
576+of such sale, conveyance, or disposition shall cause to be 383
577+published, at least once a week for 4 consecutive weeks, a 384
578+notice meeting the standards of publication set forth in s. 385
579+125.66(5)(b)2. s. 125.66(4)(b)2. The notice shall describe the 386
580+property in question and the proposed noncemetery use and shall 387
581+advise substantially affected pers ons that they may file a 388
582+written request for a hearing pursuant to chapter 120, within 14 389
583+days after the date of last publication of the notice, with the 390
584+department if they object to granting the applicant's request to 391
585+sell, convey, or dispose of the subje ct property for noncemetery 392
586+uses. 393
587+ Section 11. Paragraph (a) of subsection (2) of section 394
588+562.45, Florida Statutes, is amended to read: 395
589+ 562.45 Penalties for violating Beverage Law; local 396
590+ordinances; prohibiting regulation of certain activities or 397
591+business transactions; requiring nondiscriminatory treatment; 398
592+providing exceptions. — 399
593+ (2)(a) Nothing contained in the Beverage Law shall be 400
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601602 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
602603
603604
604605
605-notice under this subsection is not required for an application 400
606-for a building permit or any other official action of local 401
607-government which does not materially alter the use or density or 402
608-intensity of use on a particular piece of property. The notice 403
609-must clearly delineate that an aggrieved or adversely affected 404
610-person has the right to request a quasi -judicial hearing before 405
611-the local government for which the application is made, must 406
612-explain the conditions precedent to the appeal of any 407
613-development order ultimately rendered upon the application, and 408
614-must specify the location where written procedures c an be 409
615-obtained that describe the process, including how to initiate 410
616-the quasi-judicial process, the timeframes for initiating the 411
617-process, and the location of the hearing. The process may 412
618-include an opportunity for an alternative dispute resolution. 413
619- Section 9. Paragraph (c) of subsection (1) of section 414
620-376.80, Florida Statutes, is amended to read: 415
621- 376.80 Brownfield program administration process. — 416
622- (1) The following general procedures apply to brownfield 417
623-designations: 418
624- (c) Except as otherwise provid ed, the following provisions 419
625-apply to all proposed brownfield area designations: 420
626- 1. Notification to department following adoption. —A local 421
627-government with jurisdiction over the brownfield area must 422
628-notify the department, and, if applicable, the local pol lution 423
629-control program under s. 403.182, of its decision to designate a 424
606+construed to affect or impair the power or right of any county 401
607+or incorporated municipality of the state to enact ordin ances 402
608+regulating the hours of business and location of place of 403
609+business, and prescribing sanitary regulations therefor, of any 404
610+licensee under the Beverage Law within the county or corporate 405
611+limits of such municipality. However, except for premises 406
612+licensed on or before July 1, 1999, and except for locations 407
613+that are licensed as restaurants, which derive at least 51 408
614+percent of their gross revenues from the sale of food and 409
615+nonalcoholic beverages, pursuant to chapter 509, a location for 410
616+on-premises consumption of alcoholic beverages may not be 411
617+located within 500 feet of the real property that comprises a 412
618+public or private elementary school, middle school, or secondary 413
619+school unless the county or municipality approves the location 414
620+as promoting the public healt h, safety, and general welfare of 415
621+the community under proceedings as provided in s. 125.66(5) s. 416
622+125.66(4), for counties, and s. 166.041(3)(c), for 417
623+municipalities. This restriction shall not, however, be 418
624+construed to prohibit the issuance of temporary perm its to 419
625+certain nonprofit organizations as provided for in s. 561.422. 420
626+The division may not issue a change in the series of a license 421
627+or approve a change of a licensee's location unless the licensee 422
628+provides documentation of proper zoning from the appropria te 423
629+county or municipal zoning authorities. 424
630+ Section 12. Subsection (1) of section 847.0134, Florida 425
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638639 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
639640
640641
641642
642-brownfield area for rehabilitation for the purposes of ss. 425
643-376.77-376.86. The notification must include a resolution 426
644-adopted by the local government body. The local government shall 427
645-notify the department, and, if applicable, the local pollution 428
646-control program under s. 403.182, of the designation within 30 429
647-days after adoption of the resolution. 430
648- 2. Resolution adoption. —The brownfield area designation 431
649-must be carried out by a resolution adopted by the 432
650-jurisdictional local government, which includes a map adequate 433
651-to clearly delineate exactly which parcels are to be included in 434
652-the brownfield area or alternatively a less -detailed map 435
653-accompanied by a detailed legal description of the brow nfield 436
654-area. For municipalities, the governing body shall adopt the 437
655-resolution in accordance with the procedures outlined in s. 438
656-166.041, except that the procedures for the public hearings on 439
657-the proposed resolution must be in the form established in s. 440
658-166.041(3)(c)2. For counties, the governing body shall adopt the 441
659-resolution in accordance with the procedures outlined in s. 442
660-125.66, except that the procedures for the public hearings on 443
661-the proposed resolution shall be in the form established in s. 444
662-125.66(5)(b) s. 125.66(4)(b). 445
663- 3. Right to be removed from proposed brownfield area. —If a 446
664-property owner within the area proposed for designation by the 447
665-local government requests in writing to have his or her property 448
666-removed from the proposed designation, the loc al government 449
667-
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675-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
676-
677-
678-
679-shall grant the request. 450
680- 4. Notice and public hearing requirements for designation 451
681-of a proposed brownfield area outside a redevelopment area or by 452
682-a nongovernmental entity. Compliance with the following 453
683-provisions is required before design ation of a proposed 454
684-brownfield area under paragraph (2)(a) or paragraph (2)(c): 455
685- a. At least one of the required public hearings shall be 456
686-conducted as closely as is reasonably practicable to the area to 457
687-be designated to provide an opportunity for public i nput on the 458
688-size of the area, the objectives for rehabilitation, job 459
689-opportunities and economic developments anticipated, 460
690-neighborhood residents' considerations, and other relevant local 461
691-concerns. 462
692- b. Notice of a public hearing must be made in a newspaper 463
693-of general circulation in the area, must be made in ethnic 464
694-newspapers or local community bulletins, must be posted in the 465
695-affected area, and must be announced at a scheduled meeting of 466
696-the local governing body before the actual public hearing. 467
697- Section 10. Paragraph (a) of subsection (3) of section 468
698-497.270, Florida Statutes, is amended to read: 469
699- 497.270 Minimum acreage; sale or disposition of cemetery 470
700-lands.— 471
701- (3)(a) If the property to be sold, conveyed, or disposed 472
702-of under subsection (2) has been or is being used for the 473
703-permanent interment of human remains, the applicant for approval 474
704-
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712-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
713-
714-
715-
716-of such sale, conveyance, or disposition shall cause to be 475
717-published, at least once a week for 4 consecutive weeks, a 476
718-notice meeting the standards of publication set fo rth in s. 477
719-125.66(5)(b)2. s. 125.66(4)(b)2. The notice shall describe the 478
720-property in question and the proposed noncemetery use and shall 479
721-advise substantially affected persons that they may file a 480
722-written request for a hearing pursuant to chapter 120, withi n 14 481
723-days after the date of last publication of the notice, with the 482
724-department if they object to granting the applicant's request to 483
725-sell, convey, or dispose of the subject property for noncemetery 484
726-uses. 485
727- Section 11. Paragraph (a) of subsection (2) of section 486
728-562.45, Florida Statutes, is amended to read: 487
729- 562.45 Penalties for violating Beverage Law; local 488
730-ordinances; prohibiting regulation of certain activities or 489
731-business transactions; requiring nondiscriminatory treatment; 490
732-providing exceptions. — 491
733- (2)(a) Nothing contained in the Beverage Law shall be 492
734-construed to affect or impair the power or right of any county 493
735-or incorporated municipality of the state to enact ordinances 494
736-regulating the hours of business and location of place of 495
737-business, and prescri bing sanitary regulations therefor, of any 496
738-licensee under the Beverage Law within the county or corporate 497
739-limits of such municipality. However, except for premises 498
740-licensed on or before July 1, 1999, and except for locations 499
741-
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749-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
750-
751-
752-
753-that are licensed as restaurant s, which derive at least 51 500
754-percent of their gross revenues from the sale of food and 501
755-nonalcoholic beverages, pursuant to chapter 509, a location for 502
756-on-premises consumption of alcoholic beverages may not be 503
757-located within 500 feet of the real property tha t comprises a 504
758-public or private elementary school, middle school, or secondary 505
759-school unless the county or municipality approves the location 506
760-as promoting the public health, safety, and general welfare of 507
761-the community under proceedings as provided in s. 125.66(5) s. 508
762-125.66(4), for counties, and s. 166.041(3)(c), for 509
763-municipalities. This restriction shall not, however, be 510
764-construed to prohibit the issuance of temporary permits to 511
765-certain nonprofit organizations as provided for in s. 561.422. 512
766-The division may not issue a change in the series of a license 513
767-or approve a change of a licensee's location unless the licensee 514
768-provides documentation of proper zoning from the appropriate 515
769-county or municipal zoning authorities. 516
770- Section 12. Subsection (1) of section 847.0134, Florida 517
771-Statutes, is amended to read: 518
772- 847.0134 Prohibition of adult entertainment establishment 519
773-that displays, sells, or distributes materials harmful to minors 520
774-within 2,500 feet of a school. — 521
775- (1) Except for those establishments that are lega lly 522
776-operating or have been granted a permit from a local government 523
777-to operate as adult entertainment establishments on or before 524
778-
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786-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
787-
788-
789-
790-July 1, 2001, an adult entertainment establishment that sells, 525
791-rents, loans, distributes, transmits, shows, or exhibits any 526
792-obscene material, as described in s. 847.0133, or presents live 527
793-entertainment or a motion picture, slide, or other exhibit that, 528
794-in whole or in part, depicts nudity, sexual conduct, sexual 529
795-excitement, sexual battery, sexual bestiality, or 530
796-sadomasochistic abuse and that is harmful to minors, as 531
797-described in s. 847.001, may not be located within 2,500 feet of 532
798-the real property that comprises a public or private elementary 533
799-school, middle school, or secondary school unless the county or 534
800-municipality approves the location under proceedings as provided 535
801-in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c) 536
802-for municipalities. 537
803- Section 13. The Legislature finds and declares that this 538
804-act fulfills an important state interest. 539
805- Section 14. This act shall take effect October 1, 2022. 540
643+Statutes, is amended to read: 426
644+ 847.0134 Prohibition of adult entertainment establishment 427
645+that displays, sells, or distributes materials harmful to minor s 428
646+within 2,500 feet of a school. — 429
647+ (1) Except for those establishments that are legally 430
648+operating or have been granted a permit from a local government 431
649+to operate as adult entertainment establishments on or before 432
650+July 1, 2001, an adult entertainment esta blishment that sells, 433
651+rents, loans, distributes, transmits, shows, or exhibits any 434
652+obscene material, as described in s. 847.0133, or presents live 435
653+entertainment or a motion picture, slide, or other exhibit that, 436
654+in whole or in part, depicts nudity, sexual conduct, sexual 437
655+excitement, sexual battery, sexual bestiality, or 438
656+sadomasochistic abuse and that is harmful to minors, as 439
657+described in s. 847.001, may not be located within 2,500 feet of 440
658+the real property that comprises a public or private elementary 441
659+school, middle school, or secondary school unless the county or 442
660+municipality approves the location under proceedings as provided 443
661+in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c) 444
662+for municipalities. 445
663+ Section 13. The Legislature finds and declares that this 446
664+act fulfills an important state interest. 447
665+ Section 14. This act shall take effect October 1, 2022. 448