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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 local ordinances; amending s. 2
57.112, F.S.; authorizing courts to assess and award 3
reasonable attorney fees and costs and damages in 4
certain civil actions filed against local governments; 5
specifying a limitation on awards and a restricti on on 6
fees and costs of certain litigation; providing 7
construction and applicability; amending s. 125.66, 8
F.S.; providing certain procedures for continued 9
meetings on proposed ordinances for counties; 10
providing for construction and retroactive 11
application; requiring a board of county commissioners 12
to prepare or cause to be prepared a business impact 13
estimate before the enactment of a proposed ordinance; 14
specifying requirements for the posting and content of 15
the estimate; providing construction and 16
applicability; creating s. 125.675, F.S.; requiring a 17
county to suspend enforcement of an ordinance that is 18
the subject of a certain legal action if certain 19
conditions are met; authorizing a prevailing county to 20
enforce the ordinance after a specified period, excep t 21
under certain circumstances; requiring courts to give 22
priority to certain cases; providing construction 23
relating to an attorney's or a party's signature; 24
requiring a court to impose sanctions under certain 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
circumstances; providing applicability; authoriz ing 26
courts to award attorney fees and costs and damages if 27
certain conditions are met; amending s. 166.041, F.S.; 28
providing certain procedures for continued meetings on 29
proposed ordinances for municipalities; providing for 30
construction and retroactive appl ication; requiring a 31
governing body of a municipality to prepare or cause 32
to be prepared a business impact estimate before the 33
enactment of a proposed ordinance; specifying 34
requirements for the posting and content of the 35
estimate; providing construction an d applicability; 36
creating s. 166.0411, F.S.; requiring a municipality 37
to suspend enforcement of an ordinance that is the 38
subject of a certain legal action if certain 39
conditions are met; authorizing a prevailing 40
municipality to enforce the ordinance after a 41
specified period, except under certain circumstances; 42
requiring courts to give priority to certain cases; 43
providing construction relating to an attorney's or a 44
party's signature; requiring a court to impose 45
sanctions under certain circumstances; providing 46
applicability; authorizing courts to award attorney 47
fees and costs and damages if certain conditions are 48
met; amending ss. 163.2517, 163.3181, 163.3215, 49
376.80, 497.270, 562.45, and 847.0134, F.S.; 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
conforming cross-references and making technical 51
changes; providing a declaration of important state 52
interest; providing effective dates. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Section 57.112, Florida Statutes, is amended to 57
read: 58
57.112 Attorney fees and costs and dam ages; arbitrary, 59
unreasonable, or expressly preempted local ordinances actions.— 60
(1) As used in this section, the term "attorney fees and 61
costs" means the reasonable and necessary attorney fees and 62
costs incurred for all preparations, motions, hearings, trials, 63
and appeals in a proceeding. 64
(2) If a civil action is filed against a local government 65
to challenge the adoption or enforcement of a local ordinance on 66
the grounds that it is expressly preempted by the State 67
Constitution or by state law, the cour t shall assess and award 68
reasonable attorney fees and costs and damages to the prevailing 69
party. 70
(3) If a civil action is filed against a local government 71
to challenge the adoption of a local ordinance on the grounds 72
that the ordinance is arbitrary or un reasonable, the court may 73
assess and award reasonable attorney fees and costs and damages 74
to a prevailing plaintiff. An award of reasonable attorney fees 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
or costs and damages pursuant to this subsection may not exceed 76
$50,000. In addition, a prevailing pla intiff may not recover any 77
attorney fees or costs directly incurred by or associated with 78
litigation to determine an award of reasonable attorney fees or 79
costs. 80
(4) Attorney fees and costs and damages may not be awarded 81
pursuant to this section if: 82
(a) The governing body of a local governmental entity 83
receives written notice that an ordinance that has been publicly 84
noticed or adopted is expressly preempted by the State 85
Constitution or state law or is arbitrary or unreasonable ; and 86
(b) The governing bo dy of the local governmental entity 87
withdraws the proposed ordinance within 30 days; or, in the case 88
of an adopted ordinance, the governing body of a local 89
government notices an intent to repeal the ordinance within 30 90
days after of receipt of the notice a nd repeals the ordinance 91
within 30 days thereafter. 92
(5)(4) The provisions in this section are supplemental to 93
all other sanctions or remedies available under law or court 94
rule. However, this section may not be construed to authorize 95
double recovery if an affected person prevails on a claim 96
brought against a local government pursuant to other applicable 97
law involving the same ordinance, operative acts, or 98
transactions. 99
(6)(5) This section does not apply to local ordinances 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
adopted pursuant to part II of chapter 163, s. 553.73, or s. 101
633.202. 102
(7)(a)(6) Except as provided in paragraph (b), this 103
section is intended to be prospective in nature and applies 104
shall apply only to cases commenced on or after July 1, 2019. 105
(b) The amendments to this section effe ctive October 1, 106
2023, are prospective in nature and apply only to ordinances 107
adopted on or after October 1, 2023. 108
(c) An amendment to an ordinance enacted after October 1, 109
2023, gives rise to a claim under this section only to the 110
extent that the applic ation of the amendatory language is the 111
cause of the claim apart from the ordinance being amended. 112
Section 2. Effective upon becoming a law, present 113
paragraphs (b) and (c) of subsection (2) of section 125.66, 114
Florida Statutes, are redesignated as paragraphs (c) and (d), 115
respectively, and a new paragraph (b) is added to that 116
subsection, to read: 117
125.66 Ordinances; enactment procedure; emergency 118
ordinances; rezoning or change of land use ordinances or 119
resolutions.— 120
(2) 121
(b) Consideration of the p roposed ordinance at a meeting 122
properly noticed pursuant to this subsection may be continued to 123
a subsequent meeting if, at the meeting, the date, time, and 124
place of the subsequent meeting is publicly stated. No further 125
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publication, mailing, or posted noti ce as required under 126
paragraph (a) is required, except that the continued 127
consideration must be listed in an agenda or similar 128
communication produced for the subsequent meeting. This 129
paragraph is remedial in nature, is intended to clarify existing 130
law, and shall apply retroactively. 131
Section 3. Present subsections (3) through (6) of section 132
125.66, Florida Statutes, are redesignated as subsections (4) 133
through (7), respectively, a new subsection (3) is added to that 134
section, and paragraph (a) of subsectio n (2) of that section is 135
amended, to read: 136
125.66 Ordinances; enactment procedure; emergency 137
ordinances; rezoning or change of land use ordinances or 138
resolutions.— 139
(2)(a) The regular enactment procedure is shall be as 140
follows: The board of county commi ssioners at any regular or 141
special meeting may enact or amend any ordinance, except as 142
provided in subsection (5) (4), if notice of intent to consider 143
such ordinance is given at least 10 days before such meeting by 144
publication as provided in chapter 50. A copy of such notice 145
must shall be kept available for public inspection during the 146
regular business hours of the office of the clerk of the board 147
of county commissioners. The notice of proposed enactment must 148
shall state the date, time, and place of the mee ting; the title 149
or titles of proposed ordinances; and the place or places within 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
the county where such proposed ordinances may be inspected by 151
the public. The notice must shall also advise that interested 152
parties may appear at the meeting and be heard with respect to 153
the proposed ordinance. 154
(3)(a) Before the enactment of a proposed ordinance, the 155
board of county commissioners shall prepare or cause to be 156
prepared a business impact estimate in accordance with this 157
subsection. The business impact estimate m ust be posted on the 158
county's website no later than the date the notice of proposed 159
enactment is published pursuant to paragraph (2)(a) and must 160
include all of the following: 161
1. A summary of the proposed ordinance, including a 162
statement of the public pur pose to be served by the proposed 163
ordinance, such as serving the public health, safety, morals, 164
and welfare of the county. 165
2. An estimate of the direct economic impact of the 166
proposed ordinance on private, for -profit businesses in the 167
county, including the following, if any: 168
a. An estimate of direct compliance costs that businesses 169
may reasonably incur if the ordinance is enacted. 170
b. Identification of any new charge or fee on businesses 171
subject to the proposed ordinance or for which businesses will 172
be financially responsible. 173
c. An estimate of the county's regulatory costs, including 174
an estimate of revenues from any new charges or fees that will 175
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be imposed on businesses to cover such costs. 176
3. A good faith estimate of the number of businesses 177
likely to be impacted by the ordinance. 178
4. Any additional information the board determines may be 179
useful. 180
(b) This subsection may not be construed to require a 181
county to procure an accountant or other financial consultant to 182
prepare the business impact estimate required by this 183
subsection. 184
(c) This subsection does not apply to: 185
1. Ordinances required for compliance with federal or 186
state law or regulation; 187
2. Ordinances relating to the issuance or refinancing of 188
debt; 189
3. Ordinances relating to the adoption of budgets or 190
budget amendments, including revenue sources necessary to fund 191
the budget; 192
4. Ordinances required to implement a contract or an 193
agreement, including, but not limited to, any federal, state, 194
local, or private grant, or other financ ial assistance accepted 195
by a county government; 196
5. Emergency ordinances; 197
6. Ordinances relating to procurement; or 198
7. Ordinances enacted to implement the following: 199
a. Part II of chapter 163, relating to growth policy, 200
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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
county and municipal planning , and land development regulation, 201
including zoning, development orders, development agreements, 202
and development permits; 203
b. Sections 190.005 and 190.046; 204
c. Section 553.73, relating to the Florida Building Code; 205
or 206
d. Section 633.202, relating to th e Florida Fire 207
Prevention Code. 208
Section 4. Section 125.675, Florida Statutes, is created 209
to read: 210
125.675 Legal challenges to certain recently enacted 211
ordinances.— 212
(1) A county must suspend enforcement of an ordinance that 213
is the subject of an action challenging the ordinance's validity 214
on the grounds that it is expressly preempted by the State 215
Constitution or by state law or is arbitrary or unreasonable if: 216
(a) The action was filed with the court no later than 90 217
days after the adoption of th e ordinance; 218
(b) The plaintiff requests suspension in the initial 219
complaint or petition, citing this section; and 220
(c) The county has been served with a copy of the 221
complaint or petition. 222
(2) When the plaintiff appeals a final judgment finding 223
that an ordinance is valid and enforceable, the county may 224
enforce the ordinance 45 days after the entry of the order 225
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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
unless the plaintiff obtains a stay of the lower court's order. 226
(3) The court shall give cases in which the enforcement of 227
an ordinance is susp ended under this section priority over other 228
pending cases and shall render a preliminary or final decision 229
on the validity of the ordinance as expeditiously as possible. 230
(4) The signature of an attorney or a party constitutes a 231
certificate that he or sh e has read the pleading, motion, or 232
other paper and that, to the best of his or her knowledge, 233
information, and belief formed after reasonable inquiry, it is 234
not interposed for any improper purpose, such as to harass or to 235
cause unnecessary delay, or for e conomic advantage, competitive 236
reasons, or frivolous purposes or needless increase in the cost 237
of litigation. If a pleading, motion, or other paper is signed 238
in violation of these requirements, the court, upon its own 239
initiative or upon favorably ruling on a party's motion for 240
sanctions, must impose upon the person who signed it, a 241
represented party, or both, an appropriate sanction, which may 242
include an order to pay to the other party or parties the amount 243
of reasonable expenses incurred because of the fil ing of the 244
pleading, motion, or other paper, including reasonable attorney 245
fees. 246
(5) This section does not apply to: 247
(a) Ordinances required for compliance with federal or 248
state law or regulation; 249
(b) Ordinances relating to the issuance or refinanci ng of 250
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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
debt; 251
(c) Ordinances relating to the adoption of budgets or 252
budget amendments, including revenue sources necessary to fund 253
the budget; 254
(d) Ordinances required to implement a contract or an 255
agreement, including, but not limited to, any federal, st ate, 256
local, or private grant, or other financial assistance accepted 257
by a county government; 258
(e) Emergency ordinances; 259
(f) Ordinances relating to procurement; or 260
(g) Ordinances enacted to implement the following: 261
1. Part II of chapter 163, relating to growth policy, 262
county and municipal planning, and land development regulation, 263
including zoning, development orders, development agreements, 264
and development permits; 265
2. Sections 190.005 and 190.046; 266
3. Section 553.73, relating to the Florida Buildi ng Code; 267
or 268
4. Section 633.202, relating to the Florida Fire 269
Prevention Code. 270
(6) The court may award attorney fees and costs and 271
damages as provided in s. 57.112. 272
Section 5. Effective upon becoming a law, paragraph (d) is 273
added to subsection (3) o f section 166.041, Florida Statutes, 274
and paragraph (a) of that subsection is amended, to read: 275
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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
166.041 Procedures for adoption of ordinances and 276
resolutions.— 277
(3)(a) Except as provided in paragraphs paragraph (c) and 278
(d), a proposed ordinance may be re ad by title, or in full, on 279
at least 2 separate days and shall, at least 10 days prior to 280
adoption, be noticed once in a newspaper of general circulation 281
in the municipality. The notice of proposed enactment shall 282
state the date, time, and place of the mee ting; the title or 283
titles of proposed ordinances; and the place or places within 284
the municipality where such proposed ordinances may be inspected 285
by the public. The notice shall also advise that interested 286
parties may appear at the meeting and be heard wit h respect to 287
the proposed ordinance. 288
(d) Consideration of the proposed ordinance at a meeting 289
properly noticed pursuant to this subsection may be continued to 290
a subsequent meeting if, at the meeting, the date, time, and 291
place of the subsequent meeting is publicly stated. No further 292
publication, mailing, or posted notice as required under this 293
subsection is required, except that the continued consideration 294
must be listed in an agenda or similar communication produced 295
for the subsequent meeting. This paragr aph is remedial in 296
nature, is intended to clarify existing law, and shall apply 297
retroactively. 298
Section 6. Present subsections (4) through (8) of section 299
166.041, Florida Statutes, are redesignated as subsections (5) 300
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through (9), respectively, and a new subsection (4) is added to 301
that section, to read: 302
166.041 Procedures for adoption of ordinances and 303
resolutions.— 304
(4)(a) Before the enactment of a proposed ordinance, the 305
governing body of a municipality shall prepare or cause to be 306
prepared a business impact estimate in accordance with this 307
subsection. The business impact estimate must be posted on the 308
municipality's website no later than the date the notice of 309
proposed enactment is published pursuant to paragraph (3)(a) and 310
must include all of the fo llowing: 311
1. A summary of the proposed ordinance, including a 312
statement of the public purpose to be served by the proposed 313
ordinance, such as serving the public health, safety, morals, 314
and welfare of the municipality. 315
2. An estimate of the direct economic impact of the 316
proposed ordinance on private, for -profit businesses in the 317
municipality, including the following, if any: 318
a. An estimate of direct compliance costs that businesses 319
may reasonably incur if the ordinance is enacted; 320
b. Identification of any new charge or fee on businesses 321
subject to the proposed ordinance, or for which businesses will 322
be financially responsible; and 323
c. An estimate of the municipality's regulatory costs, 324
including an estimate of revenues from any new ch arges or fees 325
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that will be imposed on businesses to cover such costs. 326
3. A good faith estimate of the number of businesses 327
likely to be impacted by the ordinance. 328
4. Any additional information the governing body 329
determines may be useful. 330
(b) This subsection may not be construed to require a 331
municipality to procure an accountant or other financial 332
consultant to prepare the business impact estimate required by 333
this subsection. 334
(c) This subsection does not apply to: 335
1. Ordinances required for complia nce with federal or 336
state law or regulation; 337
2. Ordinances relating to the issuance or refinancing of 338
debt; 339
3. Ordinances relating to the adoption of budgets or 340
budget amendments, including revenue sources necessary to fund 341
the budget; 342
4. Ordinances required to implement a contract or an 343
agreement, including, but not limited to, any federal, state, 344
local, or private grant, or other financial assistance accepted 345
by a municipal government; 346
5. Emergency ordinances; 347
6. Ordinances relating to procureme nt; or 348
7. Ordinances enacted to implement the following: 349
a. Part II of chapter 163, relating to growth policy, 350
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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
county and municipal planning, and land development regulation, 351
including zoning, development orders, development agreements, 352
and development permits; 353
b. Sections 190.005 and 190.046; 354
c. Section 553.73, relating to the Florida Building Code; 355
or 356
d. Section 633.202, relating to the Florida Fire 357
Prevention Code. 358
Section 7. Section 166.0411, Florida Statutes, is created 359
to read: 360
166.0411 Legal challenges to certain recently enacted 361
ordinances.— 362
(1) A municipality must suspend enforcement of an 363
ordinance that is the subject of an action challenging the 364
ordinance's validity on the grounds that it is expressly 365
preempted by the State Const itution or by state law or is 366
arbitrary or unreasonable if: 367
(a) The action was filed with the court no later than 90 368
days after the adoption of the ordinance; 369
(b) The plaintiff requests suspension in the initial 370
complaint or petition, citing this secti on; and 371
(c) The municipality has been served with a copy of the 372
complaint or petition. 373
(2) When the plaintiff appeals a final judgment finding 374
that an ordinance is valid and enforceable, the municipality may 375
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enforce the ordinance 45 days after the entr y of the order 376
unless the plaintiff obtains a stay of the lower court's order. 377
(3) The court shall give cases in which the enforcement of 378
an ordinance is suspended under this section priority over other 379
pending cases and shall render a preliminary or fin al decision 380
on the validity of the ordinance as expeditiously as possible. 381
(4) The signature of an attorney or a party constitutes a 382
certificate that he or she has read the pleading, motion, or 383
other paper and that, to the best of his or her knowledge, 384
information, and belief formed after reasonable inquiry, it is 385
not interposed for any improper purpose, such as to harass or to 386
cause unnecessary delay, or for economic advantage, competitive 387
reasons, or frivolous purposes or needless increase in the cost 388
of litigation. If a pleading, motion, or other paper is signed 389
in violation of these requirements, the court, upon its own 390
initiative or upon favorably ruling on a party's motion for 391
sanctions, must impose upon the person who signed it, a 392
represented party, or both, an appropriate sanction, which may 393
include an order to pay to the other party or parties the amount 394
of reasonable expenses incurred because of the filing of the 395
pleading, motion, or other paper, including reasonable attorney 396
fees. 397
(5) This section does not apply to: 398
(a) Ordinances required for compliance with federal or 399
state law or regulation; 400
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(b) Ordinances relating to the issuance or refinancing of 401
debt; 402
(c) Ordinances relating to the adoption of budgets or 403
budget amendments, including revenue sources necessary to fund 404
the budget; 405
(d) Ordinances required to implement a contract or an 406
agreement, including, but not limited to, any federal, state, 407
local, or private grant, or other financial assistance accepted 408
by a municipal government; 409
(e) Emergency ordinances; 410
(f) Ordinances relating to procurement; or 411
(g) Ordinances enacted to implement the following: 412
1. Part II of chapter 163, relating to growth policy, 413
county and municipal planning, and land development regulation, 414
including zoning, development orders, development agreements, 415
and development permits; 416
2. Sections 190.005 and 190.046; 417
3. Section 553.73, relating to the Florida Building Code; 418
or 419
4. Section 633.202, relating to the Florida Fire 420
Prevention Code. 421
(6) The court may award attorney fees and costs and 422
damages as provided in s. 57.112. 423
Section 8. Subsection (5) of section 163.2517, Florida 424
Statutes, is amended to read: 425
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163.2517 Designation of urban infill and redevelopment 426
area.— 427
(5) After the preparation o f an urban infill and 428
redevelopment plan or designation of an existing plan, the local 429
government shall adopt the plan by ordinance. Notice for the 430
public hearing on the ordinance must be in the form established 431
in s. 166.041(3)(c)2. for municipalities, an d s. 125.66(5)(b)2. 432
s. 125.66(4)(b)2. for counties. 433
Section 9. Paragraph (a) of subsection (3) of section 434
163.3181, Florida Statutes, is amended to read: 435
163.3181 Public participation in the comprehensive 436
planning process; intent; alternative dispute resolution.— 437
(3) A local government considering undertaking a publicly 438
financed capital improvement project may elect to use the 439
procedures set forth in this subsection for the purpose of 440
allowing public participation in the decision and resolution of 441
disputes. For purposes of this subsection, a publicly financed 442
capital improvement project is a physical structure or 443
structures, the funding for construction, operation, and 444
maintenance of which is financed entirely from public funds. 445
(a) Before Prior to the date of a public hearing on the 446
decision on whether to proceed with the proposed project, the 447
local government shall publish public notice of its intent to 448
decide the issue according to the notice procedures described by 449
s. 125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s. 450
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166.041(3)(c)2.b. for a municipality. 451
Section 10. Paragraph (a) of subsection (4) of section 452
163.3215, Florida Statutes, is amended to read: 453
163.3215 Standing to enforce local comprehensive plans 454
through development orders.— 455
(4) If a local government elects to adopt or has adopted 456
an ordinance establishing, at a minimum, the requirements listed 457
in this subsection, the sole method by which an aggrieved and 458
adversely affected party may challenge any decision of local 459
government granting or denying an application for a development 460
order, as defined in s. 163.3164, which materially alters the 461
use or density or intensity of use on a particular piece of 462
property, on the basis that it is not consistent with the 463
comprehensive plan adopted under this part, is by an appeal 464
filed by a petition for writ of certiorari filed in circuit 465
court no later than 30 days following rendition of a development 466
order or other written decision of the local government, or when 467
all local administrative appeals, if any, are exhausted, 468
whichever occurs later. An action for injunctive or other relief 469
may be joined with the petition for certiorari. Principles of 470
judicial or administrative res judicata and collateral estoppel 471
apply to these proceedings . Minimum components of the local 472
process are as follows: 473
(a) The local process must make provision for notice of an 474
application for a development order that materially alters the 475
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use or density or intensity of use on a particular piece of 476
property, including notice by publication or mailed notice 477
consistent with the provisions of ss. 125.66(5)(b)2. and 3. and 478
166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and 479
166.041(3)(c)2.b. and c. , and must require prominent posting at 480
the job site. The notice mus t be given within 10 days after the 481
filing of an application for a development order; however, 482
notice under this subsection is not required for an application 483
for a building permit or any other official action of local 484
government which does not materially alter the use or density or 485
intensity of use on a particular piece of property. The notice 486
must clearly delineate that an aggrieved or adversely affected 487
person has the right to request a quasi -judicial hearing before 488
the local government for which the app lication is made, must 489
explain the conditions precedent to the appeal of any 490
development order ultimately rendered upon the application, and 491
must specify the location where written procedures can be 492
obtained that describe the process, including how to init iate 493
the quasi-judicial process, the timeframes for initiating the 494
process, and the location of the hearing. The process may 495
include an opportunity for an alternative dispute resolution. 496
Section 11. Paragraph (c) of subsection (1) of section 497
376.80, Florida Statutes, is amended to read: 498
376.80 Brownfield program administration process. — 499
(1) The following general procedures apply to brownfield 500
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designations: 501
(c) Except as otherwise provided, the following provisions 502
apply to all proposed brownfield area designations: 503
1. Notification to department following adoption. —A local 504
government with jurisdiction over the brownfield area must 505
notify the department, and, if applicable, the local pollution 506
control program under s. 403.182, of its decision to de signate a 507
brownfield area for rehabilitation for the purposes of ss. 508
376.77-376.86. The notification must include a resolution 509
adopted by the local government body. The local government shall 510
notify the department, and, if applicable, the local pollution 511
control program under s. 403.182, of the designation within 30 512
days after adoption of the resolution. 513
2. Resolution adoption. —The brownfield area designation 514
must be carried out by a resolution adopted by the 515
jurisdictional local government, which include s a map adequate 516
to clearly delineate exactly which parcels are to be included in 517
the brownfield area or alternatively a less -detailed map 518
accompanied by a detailed legal description of the brownfield 519
area. For municipalities, the governing body shall adop t the 520
resolution in accordance with the procedures outlined in s. 521
166.041, except that the procedures for the public hearings on 522
the proposed resolution must be in the form established in s. 523
166.041(3)(c)2. For counties, the governing body shall adopt the 524
resolution in accordance with the procedures outlined in s. 525
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125.66, except that the procedures for the public hearings on 526
the proposed resolution must shall be in the form established in 527
s. 125.66(5)(b) s. 125.66(4)(b). 528
3. Right to be removed from proposed brownfield area. —If a 529
property owner within the area proposed for designation by the 530
local government requests in writing to have his or her property 531
removed from the proposed designation, the local government must 532
shall grant the request. 533
4. Notice and public hearing requirements for designation 534
of a proposed brownfield area outside a redevelopment area or by 535
a nongovernmental entity. Compliance with the following 536
provisions is required before designation of a propos ed 537
brownfield area under paragraph (2)(a) or paragraph (2)(c): 538
a. At least one of the required public hearings must shall 539
be conducted as closely as is reasonably practicable to the area 540
to be designated to provide an opportunity for public input on 541
the size of the area, the objectives for rehabilitation, job 542
opportunities and economic developments anticipated, 543
neighborhood residents' considerations, and other relevant local 544
concerns. 545
b. Notice of a public hearing must be made in a newspaper 546
of general circulation in the area, must be made in ethnic 547
newspapers or local community bulletins, must be posted in the 548
affected area, and must be announced at a scheduled meeting of 549
the local governing body before the actual public hearing. 550
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Section 12. Paragra ph (a) of subsection (3) of section 551
497.270, Florida Statutes, is amended to read: 552
497.270 Minimum acreage; sale or disposition of cemetery 553
lands.— 554
(3)(a) If the property to be sold, conveyed, or disposed 555
of under subsection (2) has been or is being us ed for the 556
permanent interment of human remains, the applicant for approval 557
of such sale, conveyance, or disposition must shall cause to be 558
published, at least once a week for 4 consecutive weeks, a 559
notice meeting the standards of publication set forth in s. 560
125.66(5)(b)2. s. 125.66(4)(b)2. The notice must shall describe 561
the property in question and the proposed noncemetery use and 562
must shall advise substantially affected persons that they may 563
file a written request for a hearing pursuant to chapter 120, 564
within 14 days after the date of last publication of the notice, 565
with the department if they object to granting the applicant's 566
request to sell, convey, or dispose of the subject property for 567
noncemetery uses. 568
Section 13. Paragraph (a) of subsection (2) of section 569
562.45, Florida Statutes, is amended to read: 570
562.45 Penalties for violating Beverage Law; local 571
ordinances; prohibiting regulation of certain activities or 572
business transactions; requiring nondiscriminatory treatment; 573
providing exceptions. — 574
(2)(a) Nothing contained in the Beverage Law may shall be 575
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construed to affect or impair the power or right of any county 576
or incorporated municipality of the state to enact ordinances 577
regulating the hours of business and location of place of 578
business, and prescribing sanitary regulations therefor, of any 579
licensee under the Beverage Law within the county or corporate 580
limits of such municipality. However, except for premises 581
licensed on or before July 1, 1999, and except for locations 582
that are licensed as restaurants, which derive at least 51 583
percent of their gross revenues from the sale of food and 584
nonalcoholic beverages, pursuant to chapter 509, a location for 585
on-premises consumption of alcoholic beverages may not be 586
located within 500 feet of the real prope rty that comprises a 587
public or private elementary school, middle school, or secondary 588
school unless the county or municipality approves the location 589
as promoting the public health, safety, and general welfare of 590
the community under proceedings as provided in s. 125.66(5) s. 591
125.66(4), for counties, and s. 166.041(3)(c), for 592
municipalities. This restriction may shall not, however, be 593
construed to prohibit the issuance of temporary permits to 594
certain nonprofit organizations as provided for in s. 561.422. 595
The division may not issue a change in the series of a license 596
or approve a change of a licensee's location unless the licensee 597
provides documentation of proper zoning from the appropriate 598
county or municipal zoning authorities. 599
Section 14. Subsection (1) of section 847.0134, Florida 600
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Statutes, is amended to read: 601
847.0134 Prohibition of adult entertainment establishment 602
that displays, sells, or distributes materials harmful to minors 603
within 2,500 feet of a school. — 604
(1) Except for those establishments th at are legally 605
operating or have been granted a permit from a local government 606
to operate as adult entertainment establishments on or before 607
July 1, 2001, an adult entertainment establishment that sells, 608
rents, loans, distributes, transmits, shows, or exhi bits any 609
obscene material, as described in s. 847.0133, or presents live 610
entertainment or a motion picture, slide, or other exhibit that, 611
in whole or in part, depicts nudity, sexual conduct, sexual 612
excitement, sexual battery, sexual bestiality, or 613
sadomasochistic abuse and that is harmful to minors, as 614
described in s. 847.001, may not be located within 2,500 feet of 615
the real property that comprises a public or private elementary 616
school, middle school, or secondary school unless the county or 617
municipality approves the location under proceedings as provided 618
in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c) 619
for municipalities. 620
Section 15. The Legislature finds and declares that this 621
act fulfills an important state interest. 622
Section 16. Except as otherwise expressly provided in this 623
act and except for this section, which shall take effect upon 624
becoming a law, this act shall take effect October 1, 2023. 625