This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1547z1.LFS.DOCX
DATE: 5/7/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 1547 Local Government Actions
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, McClure
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1628
FINAL HOUSE FLOOR ACTION: 84 Y’s
30 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 1547 passed the House on March 6, 2024, as CS/CS/SB 1628.
Before enactment of a proposed ordinance, a county or municipality must prepare a business impact estimate.
The estimate must be published on the county’s or municipality’s website no later than the date the notice of
proposed enactment is published in the newspaper and include information estimating the impact of the
proposed ordinance on businesses operating in the jurisdiction. Certain types of ordinances are exempt from
this requirement, including ordinances relating to growth policy, county and municipal planning, and land
development regulation.
Counties, municipalities, and other local governments have limited authority to issue bonds and other
certificates of indebtedness. Unless the bond is issued to refund prior bond issues, the local government must
submit the proposed bond for approval by the voters in a referendum held with a primary or general election or
a special election called for other purposes.
The bill revises the exemption to the requirement that counties and municipalities prepare or have prepared a
business impact estimate for land use related ordinances to limit the exemption to development orders,
permits, and agreements. The bill also requires a referendum for any local government bond issue exceeding
$500 million to be held at a general election.
The bill may have a fiscal impact on state and local governments.
The bill was approved by the Governor on May 6, 2024, ch. 2024-145, L.O.F., and will become effective on
October 1, 2024.
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DATE: 5/7/2024
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Present Situation
Ordinances
The Florida Constitution grants local governments broad home rule authority. Non-charter county
governments may exercise those powers of self-government that are provided by general or special
law.
1
Counties operating under a county charter have all powers of self-government not inconsistent
with general law or special law approved by the vote of the electors.
2
Municipalities have governmental,
corporate, and proprietary powers that enable them to conduct municipal government, perform
municipal functions and provide municipal services, and exercise any power for municipal purposes
except when expressly prohibited by law.
3
A local government enactment may be inconsistent with
state law if the State Constitution preempts the subject area, the Legislature preempts the subject area,
or the local enactment conflicts with a state statute.
Local governments exercise their powers by adopting ordinances. The adoption or amendment of a
regular ordinance, other than an ordinance making certain changes to zoning, may be considered at
any regular or special meeting of the local governing body.
4
Notice of the proposed ordinance must be
published at least 10 days before the meeting in a newspaper of general circulation in the area; state
the date, time, and location of the meeting, the title of the proposed ordinance, and locations where the
proposed ordinance may be inspected by the public; and advise that interested parties may appear and
speak at the meeting. Municipal ordinances must also be read by title or in full on at least two separate
days.
5
Ordinances may only encompass a single subject and may not be revised or amended solely by
reference to the title.
6
A county may adopt an emergency ordinance that bypasses the notice requirement if the governing
body declares that an emergency exists requiring the immediate enactment of the ordinance and the
ordinance is approved by a four-fifths vote.
7
A municipality may adopt an emergency ordinance by two-
thirds vote of the municipal governing body.
8
An emergency ordinance may not be used to adopt
zoning changes.
9
1
Art. VIII, s. 1(f), Fla. Const.
2
Art. VIII, s. 1(g), Fla. Const.
3
Art. VIII, s. 2(b); see also s. 166.021(1), F.S.
4
See ss. 125.66(2)(a) and 166.041, F.S. In addition to general notice requirements, a local government must provide written notice by
mail to all property owners before adopting a zoning change involving less than 10 contiguous acres. Ss. 125.66(4)(a) and
166.041(3)(c)1., F.S. If a zoning change involves 10 or more contiguous acres, the local government must conduct two public hearings,
advertised in a newspaper, before adopting the ordinance. Ss. 125.66(4)(b) and 166.041(3)(c)2., F.S.
5
S. 166.041(3)(a), F.S.
6
Ss. 125.67 and 166.041(2), F.S.
7
S. 125.66(3), F.S.
8
S. 166.041(3)(b), F.S.
9
Ss. 125.66(3) and 166.041(3)(b), F.S.
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DATE: 5/7/2024
Business Impact Estimates
Before enactment of a proposed ordinance, a county or municipality must prepare a business impact
estimate.
10
The estimate must be published on the county or municipality’s website no later than the
date the notice of proposed enactment is published in the newspaper and must include:
A summary of the proposed ordinance, including a statement of the public purpose it serves.
An estimate of the direct economic impact of the proposed ordinance on private for-profit
businesses in the county’s or municipality’s jurisdiction, including the following, if any:
o An estimate of direct compliance costs businesses may reasonably incur if the
ordinance is enacted.
o Identification of any new charge or fee on businesses subject to the proposed ordinance
or for which businesses will be financially responsible.
o An estimate of the county’s or municipality’s regulatory costs, including an estimate of
revenues from any new charges or fees that will be imposed to cover such costs.
A good faith estimate of the number of businesses likely to be impacted by the ordinance.
Any additional information that the county or municipality determines may be useful.
11
A county or municipality is not required to procure an accountant or other financial consultant to
prepare the estimate.
12
The following types of ordinances are exempt from the requirement to prepare a business impact
estimate:
Ordinances enacted to implement part II of ch. 163, F.S., relating to growth policy, local
planning, or land development regulation; s. 553.73, F.S., relating to the Florida Building Code;
s. 633.202, F.S., relating to the Florida Fire Prevention Code; or ss. 190.005 and 190.046, F.S.,
relating to creating, dissolving, or adjusting the boundaries of a community development district.
Ordinances related to the issuance or refinancing of debt.
Ordinances required to comply with a federal or state law or regulation.
Ordinances related to the adoption of budgets or budget amendments, including revenue
sources necessary to fund the budget.
Ordinances required to implement a contract or an agreement.
Ordinances related to procurement.
Emergency ordinances.
13
Local Government Bond Authority
The Florida Constitution provides limited authority for counties, school districts, municipalities, special
districts, and local governmental bodies with taxing powers to issue bonds, certificates of indebtedness,
or any other form of tax anticipation certificate, maturing more than 12 months from the date of issue
and payable from ad valorem taxes.
14
Local governments may only issue such bonds or other debt
instruments to finance or refinance capital projects authorized by law and only after approval by the
qualified electors of the jurisdiction voting in a referendum.
15
The referendum requirement does not
apply to bonds issued to refund outstanding bonds and any interest and redemption premium on such
10
Ss. 125.66(3)(a) and 166.041(4)(a), F.S.
11
Id.
12
Ss. 125.66(3)(b) and 166.041(4)(b), F.S.
13
Ss. 125.66(3)(c) and 166.041(4)(c), F.S.
14
Art. VII, s. 12, Fla. Const.
15
Art. VII, s. 12(a), Fla. Const.
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DATE: 5/7/2024
bonds at a lower net average interest rate.
16
General law implements local government bond
authority.
17
A local government calling a bond referendum may hold the referendum in conjunction with any
regularly-scheduled state, county, or municipal primary or general election or any special election called
for any purpose other than voting on such bonds.
18
If held concurrently with a regularly-scheduled
election, the local government holding the bond referendum must pay only its pro rata share of the
election costs directly related to the bond referendum.
Effect of the Bill
The bill revises the exemption to the requirement that counties and municipalities prepare or have
prepared a business impact estimate prior to passing an ordinance. Whereas current law exempts the
entirety of growth policy, county and municipal planning, and land development regulations under part II
of ch. 163, F.S., the bill limits this exemption to development orders, permits, and agreements.
The bill also requires that the referendum for any local government bond issue exceeding $500 million
must be held at a general election.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may increase county and municipal expenditures to the extent additional staff time and
resources are necessary to produce business impact estimates for land use related ordinances that
are exempt from this requirement under current law.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
16
Art. VII, s. 12(b), Fla. Const.
17
See ss. 125.013 (counties), 166.121 (municipalities), and 189.031(3)(b) and 189.051, F.S. (independent special districts), and ch.
1010, Part IV (school districts), F.S.; see also ss. 218.369 and 218.385, F.S.
18
S. 100.261, F.S.