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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 government actions; amending 2
ss. 125.66, 125.675, 166.041, and 166.0411 F.S.; 3
revising applicability provisions for the enactment or 4
adoption of and legal challenges to county and 5
municipal ordinances, respectively; creating s. 6
186.921, F.S.; defining terms; providing legislative 7
findings; requiring local governments to seek to 8
minimize or eliminate the potential negative impacts 9
of a local government action; authorizing affected 10
entities to submit written requests to the appropriat e 11
departments for impact reviews under certain 12
circumstances; providing requirements for such 13
requests and the responses to such requests; requiring 14
affected entities to provide certain information to 15
the appropriate departments; requiring a department to 16
issue an impact review within a specified timeframe 17
and to consider specified potential impacts; requiring 18
local governments to hold specified meetings upon 19
receipt of an impact review; prohibiting additional 20
impact reviews for the same local government ac tion 21
under certain circumstances; providing construction; 22
authorizing rulemaking; requiring the appropriate 23
departments to consult with each other regarding 24
certain guidelines and procedures; providing 25
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applicability; authorizing the Department of 26
Agriculture and Consumer Services, the Department of 27
Transportation, and the Public Service Commission to 28
adopt emergency rules; providing for future expiration 29
of such rulemaking authority; requiring the Office of 30
Program Policy Analysis and Government Accountabil ity 31
to submit a report to the Governor and the Legislature 32
by a specified date; providing requirements for the 33
report; providing applicability; providing an 34
effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Paragraph (c) of subsection (3) of section 39
125.66, Florida Statutes, is amended to read: 40
125.66 Ordinances; enactment procedure; emergency 41
ordinances; rezoning or change of land use ordinances or 42
resolutions.— 43
(3) 44
(c) This subsection does not apply to: 45
1. Ordinances required for compliance with federal or 46
state law or regulation; 47
2. Ordinances relating to the issuance or refinancing of 48
debt; 49
3. Ordinances relating to the adoption of budgets or 50
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budget amendments, including revenue sources necessary to fund 51
the budget; 52
4. Ordinances required to implement a contract or an 53
agreement, including, but not limited to, any federal, state, 54
local, or private grant, or other financial assistance accepted 55
by a county government; 56
5. Emergency ordinances; 57
6. Ordinances relating to procurement; or 58
7. Ordinances enacted to implement the following: 59
a. Part II of chapter 163, relating to growth policy, 60
county and municipal planning, and land development regulation, 61
including zoning, Development orders and development permits, as 62
those terms are defined in s. 163.3164, and , development 63
agreements, as authorized by the Florida Local Government 64
Development Agreement Act under ss. 163.3220 -163.3243 and 65
development permits; 66
b. Sections 190.005 and 190.046; 67
c. Section 553.73, relating to the Florida Building Code; 68
or 69
d. Section 633.202, relating to the Florida Fire 70
Prevention Code. 71
Section 2. Subsection (5) of section 125.675, Florida 72
Statutes, is amended to read: 73
125.675 Legal challenges to certain rece ntly enacted 74
ordinances.— 75
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(5) This section does not apply to: 76
(a) Ordinances required for compliance with federal or 77
state law or regulation; 78
(b) Ordinances relating to the issuance or refinancing of 79
debt; 80
(c) Ordinances relating to the adoption of budgets or 81
budget amendments, including revenue sources necessary to fund 82
the budget; 83
(d) Ordinances required to implement a contract or an 84
agreement, including, but not limited to, any federal, state, 85
local, or private grant, or other financial assista nce accepted 86
by a county government; 87
(e) Emergency ordinances; 88
(f) Ordinances relating to procurement; or 89
(g) Ordinances enacted to implement the following: 90
1. Part II of chapter 163, relating to growth policy, 91
county and municipal planning, and la nd development regulation, 92
including zoning, Development orders and development permits, as 93
those terms are defined in s. 163.3164, and , development 94
agreements, as authorized by the Florida Local Government 95
Development Agreement Act under ss. 163.3220 -163.3243 and 96
development permits; 97
2. Sections 190.005 and 190.046; 98
3. Section 553.73, relating to the Florida Building Code; 99
or 100
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4. Section 633.202, relating to the Florida Fire 101
Prevention Code. 102
Section 3. Paragraph (c) of subsection (4) of section 103
166.041, Florida Statutes, is amended to read: 104
166.041 Procedures for adoption of ordinances and 105
resolutions.— 106
(4) 107
(c) This subsection does not apply to: 108
1. Ordinances required for compliance with federal or 109
state law or regulation; 110
2. Ordinances relating to the issuance or refinancing of 111
debt; 112
3. Ordinances relating to the adoption of budgets or 113
budget amendments, including revenue sources necessary to fund 114
the budget; 115
4. Ordinances required to implement a contract or an 116
agreement, including, bu t not limited to, any federal, state, 117
local, or private grant, or other financial assistance accepted 118
by a municipal government; 119
5. Emergency ordinances; 120
6. Ordinances relating to procurement; or 121
7. Ordinances enacted to implement the following: 122
a. Part II of chapter 163, relating to growth policy, 123
county and municipal planning, and land development regulation, 124
including zoning, Development orders and development permits, as 125
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those terms are defined in s. 163.3164, and , development 126
agreements, as authorized by the Florida Local Government 127
Development Agreement Act under ss. 163.3220 -163.3243 and 128
development permits; 129
b. Sections 190.005 and 190.046; 130
c. Section 553.73, relating to the Florida Building Code; 131
or 132
d. Section 633.202, relating to the Florida Fire 133
Prevention Code. 134
Section 4. Subsection (5) of section 166.0411, Florida 135
Statutes, is amended to read: 136
166.0411 Legal challenges to certain recently enacted 137
ordinances.— 138
(5) This section does not apply to: 139
(a) Ordinances required for compliance with federal or 140
state law or regulation; 141
(b) Ordinances relating to the issuance or refinancing of 142
debt; 143
(c) Ordinances relating to the adoption of budgets or 144
budget amendments, including revenue sources necessary to fund 145
the budget; 146
(d) Ordinances required to implement a contract or an 147
agreement, including, but not limited to, any federal, state, 148
local, or private grant, or other financial assistance accepted 149
by a municipal government; 150
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(e) Emergency ordinances; 151
(f) Ordinances relating to procurement; or 152
(g) Ordinances enacted to implement the following: 153
1. Part II of chapter 163, relating to growth policy, 154
county and municipal planning, and land development regulation, 155
including zoning, Development orders and development permits, as 156
those terms are defined in s. 163.3164, and , development 157
agreements, as authorized by the Florida Local Government 158
Development Agreement Act under ss. 163.3220 -163.3243 and 159
development permits; 160
2. Sections 190.005 and 190.046; 161
3. Section 553.73, relat ing to the Florida Building Code; 162
or 163
4. Section 633.202, relating to the Florida Fire 164
Prevention Code. 165
Section 5. Section 186.921, Florida Statutes, is created 166
to read: 167
186.921 Food, energy, and supply chain security. — 168
(1) As used in this section , the term: 169
(a) "Affected entity" means a private, for -profit business 170
in an identified sector which may be negatively impacted by a 171
local government action. 172
(b) "Department" means: 173
1. For an identified sector under subparagraph (c)1., the 174
Department of Agriculture and Consumer Services; 175
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2. For an identified sector under subparagraph (c)2., the 176
Public Service Commission; and 177
3. For an identified sector under subparagraph (c)3., the 178
Department of Transportation. 179
(c) "Identified sector" means: 180
1. Farming, farm operations, and farm production, 181
including food crops, livestock, poultry, viticulture, 182
aquaculture, commercial fishing, apiculture, timber, and 183
fertilizer production and distribution; 184
2. Energy and fuel production and transmission, energ y 185
distribution, and fuel storage; and 186
3. Supply chain points of connection, including ports, 187
railways, and rail stations. 188
(d) "Local government action" means the adoption or 189
amendment of any ordinance or charter provision by a county or 190
municipality or the denial of a local authorization or permit 191
issued by the county or municipality. 192
(2) The Legislature finds that there is an important state 193
interest in protecting this state's food production and supply, 194
energy generation and delivery, essential supply chains, and the 195
private enterprises that support this state's food, energy, and 196
supply chains. Such interest includes creating jobs, achieving 197
economic prosperity, reducing the potential for disruptions due 198
to supply chain vulnerabilities, ensuring the flow of commerce 199
and the intrastate production of essential goods and services, 200
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and providing economic security associated therewith. 201
(3) A local government shall seek to minimize or eliminate 202
the potential negative impacts that a local government action 203
will have on an identified sector while still advancing the 204
stated public purpose, su ch as serving public health, safety, 205
and welfare. 206
(4)(a) An affected entity may submit a written request to 207
the appropriate department for an impact review if the local 208
government action is likely to negatively impact an identified 209
sector. Such request m ust be made within 15 days after the 210
enactment or adoption of a local government action pursuant to 211
s. 125.66 or s. 166.041. An affected entity may submit only one 212
request for an impact review to the appropriate department for a 213
local government action. Th e department shall issue an impact 214
review to an affected entity pursuant to this subsection as to 215
the position of the department on the impact of a local 216
government action and whether the local government has 217
adequately minimized or eliminated impacts to t he identified 218
sector. 219
(b) The affected entity must submit a copy of the request 220
for an impact review to the relevant local government within 1 221
business day after submitting the request to the department. 222
This shall serve as notice to the local government . Upon notice 223
of the timely submission of a request for an impact review to 224
the appropriate department by an affected entity pursuant to 225
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this section, a local government may not enforce the local 226
government action until the department issues an impact revi ew 227
and the local government holds the meeting required under 228
subsection (8), if applicable. 229
(5) The affected entity shall submit to the department all 230
of the following information in its request for an impact review 231
if applicable and if the information i s available to the 232
requester: 233
(a) A copy of the local government action and relevant 234
supplemental information published with the local government 235
action. 236
(b) A complete statement of all relevant facts relating to 237
the action, including: 238
1. Any negative impacts to the identified sector that the 239
affected entity reasonably anticipates will occur; 240
2. Information relating to the local government's stated 241
interest in implementing the local government action; and 242
3. Any supporting documentation. 243
(c) A business impact estimate required pursuant to s. 244
125.66(3) or s. 166.041(4) associated with the proposed local 245
government action. 246
(6) A department shall issue an impact review within 45 247
days after receiving such a request and shall provide a copy t o 248
the affected entity and the local government. The department may 249
request additional information if necessary during that 250
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timeframe. 251
(7) A department shall consider all of the following 252
potential impacts when balancing the interest of a local 253
government and an affected entity, as applicable: 254
(a) Impacts on customer or downstream charges for goods 255
and services. 256
(b) Impacts on the market value of goods and services 257
produced, provided, or sold, or other change in value resulting 258
from implementation or c ompliance. 259
(c) Impacts on revenues. 260
(d) Costs resulting from the purchase of substitute or 261
alternative goods or services or capital, equipment, materials, 262
supplies, or other implementation or compliance costs. 263
(e) The reasonable value of time to be s pent by owners, 264
officers, operators, and managers of the affected entity to 265
understand and comply with the local government action, 266
including time to be spent completing any required education, 267
training, or testing. 268
(f) Impacts on opportunity or timing i n executing a 269
business plan. 270
(g) Monitoring and reporting requirements. 271
(h) Advancement of a stated public purpose, such as 272
serving public health, safety, and welfare. 273
(8) If the department determines in the impact review that 274
the local government fa iled to minimize or eliminate the 275
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negative impacts to the identified sector: 276
(a) The department may recommend in the impact review 277
changes to the local government action which may minimize or 278
eliminate the negative impacts; and 279
(b) At its next regular or special meeting after issuance 280
of the review, the local government must include a discussion of 281
its response to the review and whether revisions to the proposed 282
local government action are appropriate. 283
(9) After the issuance of an impact review to an affected 284
entity, another review may not be issued to an affected entity 285
that requests a review relating to the same local government 286
action unless it relates to a substantial modification of the 287
local government action. An impact review does not have 288
precedential value. Any modification of an impact review is 289
prospective only. An impact review is not an order issued 290
pursuant to s. 120.565 or s. 120.569 or a rule or policy of 291
general applicability under s. 120.54. The provisions of s. 292
120.53 are not applicab le to impact reviews. 293
(10) Each department identified in paragraph (1)(b) may 294
establish rules prescribing guidelines and procedures for 295
submission, issuance or denial of issuance, and disclosure of 296
impact reviews. Each department shall consult with the o ther 297
departments to ensure the rules prescribing guidelines and 298
procedures for submission of a request for impact reviews, 299
issuance or denial of issuance, and disclosure of impact reviews 300
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are consistent. 301
(11) This section does not apply to local governme nt 302
actions: 303
(a) Required for compliance with a federal or state law or 304
regulation; 305
(b) Related to the issuance or refinancing of debt; 306
(c) Related to the adoption of budgets or budget 307
amendments, including the revenue source necessary to fund the 308
budget; 309
(d) Required to implement a contract or an agreement, 310
including, but not limited to, any federal, state, local, or 311
private grant, or other financial assistance accepted by the 312
local government; 313
(e) Enacted to prepare for or respond to an emerge ncy; 314
(f) Related to procurement; or 315
(g) Enacted to implement the following: 316
1. Sections 190.005 and 190.046; 317
2. Section 553.73, relating to the Florida Building Code; 318
or 319
3. Section 633.202, relating to the Florida Fire 320
Prevention Code. 321
Section 6. (1) The Department of Agriculture and Consumer 322
Services is authorized, and all conditions are deemed met, to 323
adopt emergency rules under s. 120.54(4), Florida Statutes, for 324
the purpose of implementing provisions related to s. 186.921, 325
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Florida Statutes, as created by this act. Notwithstanding any 326
other law, emergency rules adopted under this section are 327
effective for 6 months after adoption and may be renewed during 328
the pendency of procedures to adopt permanent rules addressing 329
the subject of the emerg ency rules. 330
(2) The Department of Transportation is authorized, and 331
all conditions are deemed met, to adopt emergency rules under s. 332
120.54(4), Florida Statutes, for the purpose of implementing 333
provisions related to s. 186.921, Florida Statutes, created by 334
this act. Notwithstanding any other law, emergency rules adopted 335
under this section are effective for 6 months after adoption and 336
may be renewed during the pendency of procedures to adopt 337
permanent rules addressing the subject of the emergency rules. 338
(3) The Public Service Commission is authorized, and all 339
conditions are deemed met, to adopt emergency rules under s. 340
120.54(4), Florida Statutes, for the purpose of implementing 341
provisions related to s. 186.921, Florida Statutes, created by 342
this act. Notwithstanding any other law, emergency rules adopted 343
under this section are effective for 6 months after adoption and 344
may be renewed during the pendency of procedures to adopt 345
permanent rules addressing the subject of the emergency rules. 346
(4) This section expires July 1, 2026. 347
Section 7. (1) The Office of Program Policy Analysis and 348
Government Accountability (OPPAGA) shall submit to the Governor, 349
the President of the Senate, and the Speaker of the House of 350
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Representatives by December 1, 2025, a report on the 351
implementation and effectiveness of impact reviews issued 352
pursuant to s. 186.921, Florida Statutes, on reducing or 353
eliminating local government actions that threaten this state's 354
food production and supply, energy generation and delivery, and 355
essential supply chains. 356
(2) In consultation with the Department of Agriculture and 357
Consumer Services, the Department of Transportation, and the 358
Public Service Commission, OPPAGA shall develop the report and 359
recommendations with input from local governments, a ffected 360
entities, and other stakeholders. 361
(3) At a minimum, the report and recommendations must 362
include: 363
(a) The number of impact reviews issued and a brief 364
summary of the issues and actions, if any, taken by the local 365
government to address the impacts to the affected entity and 366
identified sector; and 367
(b) Recommended changes to the food, energy, and supply 368
chain security process. 369
Section 8. This act applies to local government ordinances 370
or charter provisions, or amendments to ordinances or charte r 371
provisions, enacted on or after the effective date of this act. 372
Section 9. This act shall take effect October 1, 2024. 373