CS/CS/HB 569 2022
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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 the Local Business Protection Act; 2
providing a short title; creating s. 70.91, F.S.; 3
defining the term "business records"; authorizing 4
certain businesses to claim business damages from a 5
county or municipality if the county or municipality 6
enacts or amends certain ordinances or charter 7
provisions; limiting the amount of business damages 8
that may be recovered; specifying ordinances and 9
charter provisions that do not result in liability for 10
business damages; requiring businesses and counties or 11
municipalities to follow certain presuit procedures 12
before businesses file an action for business damages; 13
authorizing courts to award reasonable attorney f ees 14
and costs to prevailing parties; specifying that 15
counties and municipalities are not liable for damages 16
if they take certain actions within a specified 17
timeframe; authorizing governing bodies of 18
municipalities to provide specified relief, 19
notwithstanding certain ordinances and charter 20
provisions; providing applicability and construction; 21
providing an effective date. 22
23
WHEREAS, the Legislature recognizes that the continued 24
economic growth and economic prosperity of this state are tied 25
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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
to the protection of private property rights and the stability 26
of laws, ordinances, and charter provisions, and 27
WHEREAS, the Legislature recognizes that the protection of 28
private property rights and the stability of laws and local 29
rules and regulations affecting busines s activities encourage 30
investments by businesses in their real property, facilities, 31
operations, and workforces, and 32
WHEREAS, investments by businesses drive the economic 33
growth of a community, and 34
WHEREAS, the economic costs of local rules and regulatio ns 35
that are primarily for the benefit of a county or municipality 36
as a whole should be borne by the county or municipality as a 37
whole, and 38
WHEREAS, the Legislature intends to require counties and 39
municipalities to compensate businesses for business damage s 40
when an ordinance or a charter provision causes a business 41
significant economic harm, NOW, THEREFORE, 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. This act may be cited as the "Local Business 46
Protection Act." 47
Section 2. Section 70.91, Florida Statutes, is created to 48
read: 49
70.91 Compensation for business damages caused by county 50
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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
or municipal ordinances or charter provisions. — 51
(1) DEFINITION.—For purposes of this section, the term 52
"business records" includes, but is n ot limited to, copies of 53
federal income tax returns, federal income tax withholding 54
statements, federal miscellaneous income tax statements, state 55
sales tax returns, balance sheets, profit and loss statements, 56
state corporate income tax returns for the 3 y ears preceding the 57
enactment of or amendment to an ordinance or a charter, and 58
other records relied upon by a business to substantiate a claim 59
for business damages. 60
(2) CLAIMS FOR BUSINESS DAMAGES. — 61
(a) Except as provided in paragraph (c), a private, f or-62
profit business may claim business damages from a county or 63
municipality if: 64
1. The county or municipality enacts or amends an 65
ordinance or a charter provision that has or will cause a 66
reduction of at least 15 percent of the business' profit as 67
applied on a per location basis of a business operated within 68
the jurisdiction; and 69
2. The business has engaged in lawful business in the 70
jurisdiction for the 3 years preceding the enactment of or 71
amendment to the ordinance or charter. 72
(b) The amount of business damages may be established by 73
any reasonable method, but the amount of business damages that 74
may be recovered by a business may not exceed the present value 75
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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
of the business' future lost profits for the lesser of 7 years 76
or the number of years th e business had been in operation in the 77
jurisdiction before the ordinance or charter provision was 78
enacted. 79
(c) A county or municipality is not liable for business 80
damages caused by: 81
1. An ordinance or charter provision that is required to 82
comply with, or is expressly authorized by, state or federal 83
law; 84
2. Emergency ordinances, declarations, or orders adopted 85
by a county or municipality under ss. 252.31 -252.60, the State 86
Emergency Management Act; 87
3. A temporary emergency ordinance enacted pursuant to s. 88
125.66 or s. 166.041 which remains in effect for no more than 90 89
days; 90
4. An ordinance or charter provision enacted to implement: 91
a. Part II of chapter 163, relating to growth policy, 92
county and municipal planning, and land development regulation , 93
including zoning, development orders, and development permits; 94
b. Section 553.73, relating to the Florida Building Code; 95
or 96
c. Section 633.202, relating to the Florida Fire 97
Prevention Code; 98
5. An ordinance or charter provision required to implement 99
a contract or agreement, including, but not limited to, any 100
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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
federal, state, local, or private grant, or other financial 101
assistance accepted by a county or municipal government; 102
6. An ordinance or charter provision relating to the 103
issuance or refinancing of debt; 104
7. An ordinance or charter provision relating to the 105
adoption of a budget or budget amendment, including revenue 106
sources necessary to fund the budget; 107
8. An ordinance or charter provision relating to 108
procurement; or 109
9. An ordinance or chart er provision intended to promote, 110
enable, or facilitate economic competition. 111
(d) An amendment to an ordinance or charter provision 112
after the effective date of this act gives rise to a claim under 113
this section only to the extent that the application of t he 114
amendatory language is the cause of the claimed impact on a 115
business apart from the ordinance or charter provision being 116
amended. 117
(3) PRESUIT PROCEDURES; ATTORNEY FEES AND COSTS. — 118
(a) At least 180 days before a business files an action 119
under this section against a county or municipality and within 120
180 days after the effective date of the relevant ordinance or 121
charter provision, the business must present a written offer to 122
settle the business' claim for business damages to the head of 123
the county or municipality enacting or amending the ordinance or 124
charter provision. The settlement offer must be made in good 125
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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
faith and include an explanation of the nature, extent, and 126
monetary amount of damages and must be prepared by the owner, a 127
certified public accou ntant, or a business damage expert 128
familiar with the nature of the operations of the business. The 129
business must also provide copies of the business' records that 130
substantiate the offer to settle the business damage claim. If 131
additional information is need ed beyond the data that may be 132
obtained from business records existing at the time of the 133
offer, the business and county or municipality may agree on a 134
schedule for the submission of that information. 135
(b) Within 120 days after receipt of the good faith 136
business damage offer and accompanying business records, the 137
county or municipality must, by certified mail, accept or reject 138
the business' offer or make a counteroffer, which may include an 139
offer to grant a waiver to the application of the ordinance or 140
charter provision. 141
(c) If a business files an action for business damages, it 142
must be filed within 1 year after the effective date of the 143
relevant ordinance, ordinance amendment, or charter provision. 144
(d) Evidence of negotiations or of any written or oral 145
statements used in mediation or negotiations between the parties 146
under this section is inadmissible in any proceeding for 147
business damages, except in a proceeding to determine reasonable 148
costs and attorney fees. 149
(e) In an action for business damages, th e court may award 150
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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
reasonable attorney fees and costs to the prevailing party. 151
(4) OPPORTUNITY TO CURE. —There is no liability under this 152
section for a county or municipality that, within the 120 -day 153
timeframe provided for in paragraph (3)(b): 154
(a) Repeals the ordinance or charter provision that gave 155
rise to the business' claim; 156
(b) Amends the ordinance or charter provision that gave 157
rise to the business' claim in a manner that returns the 158
ordinance or charter provision to its form in existence before 159
the business' claim arose or in a manner that avoids causing a 160
reduction of at least 15 percent of the business' profit as 161
applied on a per location basis within the jurisdiction; 162
(c) Publishes notice of its intent to repeal or amend the 163
ordinance that gave rise to the business' claim and, within 30 164
days after publication of the notice, amends the ordinance in a 165
manner that returns the ordinance to its form in existence 166
before the business' claim arose or in a manner that avoids 167
causing a reduction of at le ast 15 percent of the business' 168
profit as applied on a per location basis within the 169
jurisdiction, or repeals the ordinance; 170
(d) Grants a waiver of the ordinance or charter provision 171
to a business submitting a claim for business damages; or 172
(e) With respect to a charter provision, the county 173
provides notice of its intent to amend or repeal the charter 174
provision that is the basis of the business damage claim and the 175
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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
charter provision is amended or repealed by the voters at an 176
election or special election that occurs within 90 days after 177
publication of the notice. 178
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The governing body of a municipality may provide relief under 180
this subsection notwithstanding any ordinance or charter 181
provision to the contrary. 182
(5) APPLICATION; CONSTRUCTION. —This section does not apply 183
to a business that may claim business damages under chapter 73 184
and may not be construed to authorize double recoveries. 185
Section 3. This act applies to county and municipal 186
ordinances or charter provisions enacted or amended on or after 187
the effective date of this act. 188
Section 4. This act shall take effect upon becoming a law. 189