Florida Senate - 2024 SB 1628 By Senator Collins 14-01636C-24 20241628__ 1 A bill to be entitled 2 An act relating to local government actions; amending 3 ss. 125.66, 125.675, 166.041, and 166.0411 F.S.; 4 revising applicability provisions for the enactment or 5 adoption of and legal challenges to county and 6 municipal ordinances, respectively; creating s. 7 186.921, F.S.; defining terms; providing legislative 8 findings; requiring local governments to seek to 9 minimize or eliminate the potential negative impacts 10 of a local government action; authorizing affected 11 entities to submit written requests to the appropriate 12 departments for impact reviews under certain 13 circumstances; providing requirements for such 14 requests and the responses to such requests; requiring 15 affected entities to provide certain information to 16 the appropriate departments; requiring a department to 17 issue an impact review within a specified timeframe 18 and to consider specified potential impacts; requiring 19 local governments to hold specified meetings upon 20 receipt of an impact review; prohibiting additional 21 impact reviews for the same local government action 22 under certain circumstances; providing construction; 23 authorizing rulemaking; requiring the appropriate 24 departments to consult with each other regarding 25 certain guidelines and procedures; providing 26 applicability; authorizing the Department of 27 Agriculture and Consumer Services, the Department of 28 Transportation, and the Public Service Commission to 29 adopt emergency rules; providing for future expiration 30 of such rulemaking authority; requiring the Office of 31 Program Policy Analysis and Government Accountability 32 to submit a report to the Governor and the Legislature 33 by a specified date; providing requirements for the 34 report; providing applicability; providing an 35 effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1.Paragraph (c) of subsection (3) of section 40 125.66, Florida Statutes, is amended to read: 41 125.66Ordinances; enactment procedure; emergency 42 ordinances; rezoning or change of land use ordinances or 43 resolutions. 44 (3) 45 (c)This subsection does not apply to: 46 1.Ordinances required for compliance with federal or state 47 law or regulation; 48 2.Ordinances relating to the issuance or refinancing of 49 debt; 50 3.Ordinances relating to the adoption of budgets or budget 51 amendments, including revenue sources necessary to fund the 52 budget; 53 4.Ordinances required to implement a contract or an 54 agreement, including, but not limited to, any federal, state, 55 local, or private grant, or other financial assistance accepted 56 by a county government; 57 5.Emergency ordinances; 58 6.Ordinances relating to procurement; or 59 7.Ordinances enacted to implement the following: 60 a.Part II of chapter 163, relating to growth policy, 61 county and municipal planning, and land development regulation, 62 including zoning, Development orders and development permits, as 63 those terms are defined in s. 163.3164, and, development 64 agreements, as authorized by the Florida Local Government 65 Development Agreement Act under ss. 163.3220-163.3243 and 66 development permits; 67 b.Sections 190.005 and 190.046; 68 c.Section 553.73, relating to the Florida Building Code; 69 or 70 d.Section 633.202, relating to the Florida Fire Prevention 71 Code. 72 Section 2.Subsection (5) of section 125.675, Florida 73 Statutes, is amended to read: 74 125.675Legal challenges to certain recently enacted 75 ordinances. 76 (5)This section does not apply to: 77 (a)Ordinances required for compliance with federal or 78 state law or regulation; 79 (b)Ordinances relating to the issuance or refinancing of 80 debt; 81 (c)Ordinances relating to the adoption of budgets or 82 budget amendments, including revenue sources necessary to fund 83 the budget; 84 (d)Ordinances required to implement a contract or an 85 agreement, including, but not limited to, any federal, state, 86 local, or private grant, or other financial assistance accepted 87 by a county government; 88 (e)Emergency ordinances; 89 (f)Ordinances relating to procurement; or 90 (g)Ordinances enacted to implement the following: 91 1.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, as 94 those terms are defined in s. 163.3164, and, development 95 agreements, as authorized by the Florida Local Government 96 Development Agreement Act under ss. 163.3220-163.3243 and 97 development permits; 98 2.Sections 190.005 and 190.046; 99 3.Section 553.73, relating to the Florida Building Code; 100 or 101 4.Section 633.202, relating to the Florida Fire Prevention 102 Code. 103 Section 3.Paragraph (c) of subsection (4) of section 104 166.041, Florida Statutes, is amended to read: 105 166.041Procedures for adoption of ordinances and 106 resolutions. 107 (4) 108 (c)This subsection does not apply to: 109 1.Ordinances required for compliance with federal or state 110 law or regulation; 111 2.Ordinances relating to the issuance or refinancing of 112 debt; 113 3.Ordinances relating to the adoption of budgets or budget 114 amendments, including revenue sources necessary to fund the 115 budget; 116 4.Ordinances required to implement a contract or an 117 agreement, including, but not limited to, any federal, state, 118 local, or private grant, or other financial assistance accepted 119 by a municipal government; 120 5.Emergency ordinances; 121 6.Ordinances relating to procurement; or 122 7.Ordinances enacted to implement the following: 123 a.Part II of chapter 163, relating to growth policy, 124 county and municipal planning, and land development regulation, 125 including zoning, Development orders and development permits, as 126 those terms are defined in s. 163.3164, and, development 127 agreements, as authorized by the Florida Local Government 128 Development Agreement Act under ss. 163.3220-163.3243 and 129 development permits; 130 b.Sections 190.005 and 190.046; 131 c.Section 553.73, relating to the Florida Building Code; 132 or 133 d.Section 633.202, relating to the Florida Fire Prevention 134 Code. 135 Section 4.Subsection (5) of section 166.0411, Florida 136 Statutes, is amended to read: 137 166.0411Legal challenges to certain recently enacted 138 ordinances. 139 (5)This section does not apply to: 140 (a)Ordinances required for compliance with federal or 141 state law or regulation; 142 (b)Ordinances relating to the issuance or refinancing of 143 debt; 144 (c)Ordinances relating to the adoption of budgets or 145 budget amendments, including revenue sources necessary to fund 146 the budget; 147 (d)Ordinances required to implement a contract or an 148 agreement, including, but not limited to, any federal, state, 149 local, or private grant, or other financial assistance accepted 150 by a municipal government; 151 (e)Emergency ordinances; 152 (f)Ordinances relating to procurement; or 153 (g)Ordinances enacted to implement the following: 154 1.Part II of chapter 163, relating to growth policy, 155 county and municipal planning, and land development regulation, 156 including zoning, Development orders and development permits, as 157 those terms are defined in s. 163.3164, and, development 158 agreements, as authorized by the Florida Local Government 159 Development Agreement Act under ss. 163.3220-163.3243 and 160 development permits; 161 2.Sections 190.005 and 190.046; 162 3.Section 553.73, relating to the Florida Building Code; 163 or 164 4.Section 633.202, relating to the Florida Fire Prevention 165 Code. 166 Section 5.Section 186.921, Florida Statutes, is created to 167 read: 168 186.921Food, energy, and supply chain security. 169 (1)As used in this section, the term: 170 (a)Affected entity means a private, for-profit business 171 in an identified sector which may be negatively impacted by a 172 local government action. 173 (b)Department means: 174 1.For an identified sector under subparagraph (c)1., the 175 Department of Agriculture and Consumer Services; 176 2.For an identified sector under subparagraph (c)2., the 177 Public Service Commission; and 178 3.For an identified sector under subparagraph (c)3., the 179 Department of Transportation. 180 (c)Identified sector means: 181 1.Farming, farm operations, and farm production, including 182 food crops, livestock, poultry, viticulture, aquaculture, 183 commercial fishing, apiculture, timber, and fertilizer 184 production and distribution; 185 2.Energy and fuel production and transmission, energy 186 distribution, and fuel storage; and 187 3.Supply chain points of connection, including ports, 188 railways, and rail stations. 189 (d) Local government action means the adoption or 190 amendment of any ordinance or charter provision by a county or 191 municipality or the denial of a local authorization or permit 192 issued by the county or municipality. 193 (2)The Legislature finds that there is an important state 194 interest in protecting this states food production and supply, 195 energy generation and delivery, essential supply chains, and the 196 private enterprises that support this states food, energy, and 197 supply chains. Such interest includes creating jobs, achieving 198 economic prosperity, reducing the potential for disruptions due 199 to supply chain vulnerabilities, ensuring the flow of commerce 200 and the intrastate production of essential goods and services, 201 and providing economic security associated therewith. 202 (3)A local government shall seek to minimize or eliminate 203 the potential negative impacts that a local government action 204 will have on an identified sector while still advancing the 205 stated public purpose, such as serving public health, safety, 206 and welfare. 207 (4)(a)An affected entity may submit a written request to 208 the appropriate department for an impact review if the local 209 government action is likely to negatively impact an identified 210 sector. Such request must be made within 15 days after the 211 enactment or adoption of a local government action pursuant to 212 s. 125.66 or s. 166.041. An affected entity may submit only one 213 request for an impact review to the appropriate department for a 214 local government action. The department shall issue an impact 215 review to an affected entity pursuant to this subsection as to 216 the position of the department on the impact of a local 217 government action and whether the local government has 218 adequately minimized or eliminated impacts to the identified 219 sector. 220 (b)The affected entity must submit a copy of the request 221 for an impact review to the relevant local government within 1 222 business day after submitting the request to the department. 223 This shall serve as notice to the local government. Upon notice 224 of the timely submission of a request for an impact review to 225 the appropriate department by an affected entity pursuant to 226 this section, a local government may not enforce the local 227 government action until the department issues an impact review 228 and the local government holds the meeting required under 229 subsection (8), if applicable. 230 (5)The affected entity shall submit to the department all 231 of the following information in its request for an impact review 232 if applicable and if the information is available to the 233 requester: 234 (a)A copy of the local government action and relevant 235 supplemental information published with the local government 236 action. 237 (b)A complete statement of all relevant facts relating to 238 the action, including: 239 1.Any negative impacts to the identified sector that the 240 affected entity reasonably anticipates will occur; 241 2.Information relating to the local governments stated 242 interest in implementing the local government action; and 243 3.Any supporting documentation. 244 (c)A business impact estimate required pursuant to s. 245 125.66(3) or s. 166.041(4) associated with the proposed local 246 government action. 247 (6)A department shall issue an impact review within 45 248 days after receiving such a request and shall provide a copy to 249 the affected entity and the local government. The department may 250 request additional information if necessary during that 251 timeframe. 252 (7)A department shall consider all of the following 253 potential impacts when balancing the interest of a local 254 government and an affected entity, as applicable: 255 (a)Impacts on customer or downstream charges for goods and 256 services. 257 (b)Impacts on the market value of goods and services 258 produced, provided, or sold, or other change in value resulting 259 from implementation or compliance. 260 (c)Impacts on revenues. 261 (d)Costs resulting from the purchase of substitute or 262 alternative goods or services or capital, equipment, materials, 263 supplies, or other implementation or compliance costs. 264 (e)The reasonable value of time to be spent by owners, 265 officers, operators, and managers of the affected entity to 266 understand and comply with the local government action, 267 including time to be spent completing any required education, 268 training, or testing. 269 (f)Impacts on opportunity or timing in executing a 270 business plan. 271 (g)Monitoring and reporting requirements. 272 (h)Advancement of a stated public purpose, such as serving 273 public health, safety, and welfare. 274 (8)If the department determines in the impact review that 275 the local government failed to minimize or eliminate the 276 negative impacts to the identified sector: 277 (a)The department may recommend in the impact review 278 changes to the local government action which may minimize or 279 eliminate the negative impacts; and 280 (b)At its next regular or special meeting after issuance 281 of the review, the local government must include a discussion of 282 its response to the review and whether revisions to the proposed 283 local government action are appropriate. 284 (9)After the issuance of an impact review to an affected 285 entity, another review may not be issued to an affected entity 286 that requests a review relating to the same local government 287 action unless it relates to a substantial modification of the 288 local government action. An impact review does not have 289 precedential value. Any modification of an impact review is 290 prospective only. An impact review is not an order issued 291 pursuant to s. 120.565 or s. 120.569 or a rule or policy of 292 general applicability under s. 120.54. The provisions of s. 293 120.53 are not applicable to impact reviews. 294 (10)Each department identified in paragraph (1)(b) may 295 establish rules prescribing guidelines and procedures for 296 submission, issuance or denial of issuance, and disclosure of 297 impact reviews. Each department shall consult with the other 298 departments to ensure the rules prescribing guidelines and 299 procedures for submission of a request for impact reviews, 300 issuance or denial of issuance, and disclosure of impact reviews 301 are consistent. 302 (11)This section does not apply to local government 303 actions: 304 (a)Required for compliance with a federal or state law or 305 regulation; 306 (b)Related to the issuance or refinancing of debt; 307 (c)Related to the adoption of budgets or budget 308 amendments, including the revenue source necessary to fund the 309 budget; 310 (d)Required to implement a contract or an agreement, 311 including, but not limited to, any federal, state, local, or 312 private grant, or other financial assistance accepted by the 313 local government; 314 (e)Enacted to prepare for or respond to an emergency; 315 (f)Related to procurement; or 316 (g)Enacted to implement the following: 317 1.Sections 190.005 and 190.046; 318 2.Section 553.73, relating to the Florida Building Code; 319 or 320 3.Section 633.202, relating to the Florida Fire Prevention 321 Code. 322 Section 6.(1)The Department of Agriculture and Consumer 323 Services is authorized, and all conditions are deemed met, to 324 adopt emergency rules under s. 120.54(4), Florida Statutes, for 325 the purpose of implementing provisions related to s. 186.921, 326 Florida Statutes, as created by this act. Notwithstanding any 327 other law, emergency rules adopted under this section are 328 effective for 6 months after adoption and may be renewed during 329 the pendency of procedures to adopt permanent rules addressing 330 the subject of the emergency rules. 331 (2)The Department of Transportation is authorized, and all 332 conditions are deemed met, to adopt emergency rules under s. 333 120.54(4), Florida Statutes, for the purpose of implementing 334 provisions related to s. 186.921, Florida Statutes, created by 335 this act. Notwithstanding any other law, emergency rules adopted 336 under this section are effective for 6 months after adoption and 337 may be renewed during the pendency of procedures to adopt 338 permanent rules addressing the subject of the emergency rules. 339 (3)The Public Service Commission is authorized, and all 340 conditions are deemed met, to adopt emergency rules under s. 341 120.54(4), Florida Statutes, for the purpose of implementing 342 provisions related to s. 186.921, Florida Statutes, created by 343 this act. Notwithstanding any other law, emergency rules adopted 344 under this section are effective for 6 months after adoption and 345 may be renewed during the pendency of procedures to adopt 346 permanent rules addressing the subject of the emergency rules. 347 (4)This section expires July 1, 2026. 348 Section 7.(1)The Office of Program Policy Analysis and 349 Government Accountability (OPPAGA) shall submit to the Governor, 350 the President of the Senate, and the Speaker of the House of 351 Representatives by December 1, 2025, a report on the 352 implementation and effectiveness of impact reviews issued 353 pursuant to s. 186.921, Florida Statutes, on reducing or 354 eliminating local government actions that threaten this states 355 food production and supply, energy generation and delivery, and 356 essential supply chains. 357 (2)In consultation with the Department of Agriculture and 358 Consumer Services, the Department of Transportation, and the 359 Public Service Commission, OPPAGA shall develop the report and 360 recommendations with input from local governments, affected 361 entities, and other stakeholders. 362 (3)At a minimum, the report and recommendations must 363 include: 364 (a)The number of impact reviews issued and a brief summary 365 of the issues and actions, if any, taken by the local government 366 to address the impacts to the affected entity and identified 367 sector; and 368 (b)Recommended changes to the food, energy, and supply 369 chain security process. 370 Section 8.This act applies to local government ordinances 371 or charter provisions, or amendments to ordinances or charter 372 provisions, enacted on or after the effective date of this act. 373 Section 9.This act shall take effect October 1, 2024.