The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 1628
INTRODUCER: Community Affairs Committee and Senator Collins
SUBJECT: Local Government Actions
DATE: February 20, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hackett Ryon CA Fav/CS
2. Hackett Yeatman FP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1628 revises the categories of local ordinances exempt from statutes related to the
production of business impact estimates and subject to certain conditions on lawsuits brought by
any party to challenge the legal validity of local ordinances as preempted by state law, arbitrary,
or unreasonable.
The bill takes effect October 1, 2024.
II. Present Situation:
Local Ordinances
The governing body of a county or municipality has broad legislative powers to enact
ordinances, local laws, to perform governmental functions and exercise power to promote the
health, welfare, safety, and quality of life of a local government’s residents. Ordinances address a
wide variety of local issues, from government structure and zoning laws to speed limits and noise
ordinances. Procedures for passing local ordinances are prescribed by the Legislature and differ
only slightly between counties and municipalities.
Procedures for Enacting Ordinances
A board of county commissioners must notice its intent to consider an ordinance or amendment
to an ordinance 10 days before the meeting at which the ordinance will be considered. The
notice, placed in a newspaper of general circulation, should include the date, time, and place of
REVISED: BILL: CS/SB 1628 Page 2
the meeting, the proposed ordinance title, and instructions for how to view the language. The
board may then vote to pass the ordinance at the meeting, and upon passage, must send a
certified copy of the ordinance to the Florida Department of State (DOS).
1
County ordinances
take effect upon filing with the DOS, unless otherwise prescribed in the ordinance.
2
Similarly, municipalities must notice intent to consider an ordinance 10 days before adoption.
However, municipalities must also read the ordinance by title or in full on at least 2 separate days
before adoption by vote.
3
An ordinance passed by a municipality becomes effective 10 days after
passage, unless otherwise prescribed in the ordinance.
4
Emergency Ordinances
A board of county commissioners may adopt an emergency ordinance that bypasses the notice
requirements 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 of the
membership.
5
A municipality may bypass reading and notice requirements to pass an emergency
ordinance by a two-thirds vote of the governing body.
6
An emergency ordinance may not be used
to adopt zoning and land use changes.
7
Business Impact Estimate
A local government must also produce a business impact estimate prior to passing an ordinance.
8
The business impact estimate must include the following:
9
A summary of the proposed ordinance, including a estimate of the public purpose to be
served by the proposed ordinance;
An estimate of the direct economic impact of the proposed ordinance on private for-profit
businesses in the county or city, including:
o An estimate of direct compliance costs for businesses;
o Identification of new charges and fees; and
o An estimate of the county’s or city’s regulatory costs.
A good faith estimate of the number of businesses likely impacted; and
Any additional information deemed useful.
A business impact estimate is not required for the following types of ordinances:
10
Emergency ordinances;
Growth policy, county and municipal planning, and land development regulations under part
II of ch. 163, F.S.;
Building code ordinances under s. 553.73, F.S.;
1
Section 125.66(2), F.S.
2
Id.
3
Section 166.041(3)(a), F.S.
4
Section 166.041(4), F.S.
5
Section 125.66(4), F.S.
6
Section 166.041(3)(b), F.S.
7
Supra notes 5 and 6.
8
Sections 125.66(3) and 166.041(4), F.S.
9
Sections 125.66(3)(a) and 166.041(4)(a), F.S.
10
Sections 125.66(3)(c) and 166.041(4)(c), F.S. BILL: CS/SB 1628 Page 3
Fire prevention code ordinances under s. 633.202, F.S;
Ordinances establishing or terminating Community Development Districts under ss. 190.005
and 190.046, F.S.;
Ordinances required to comply with federal or state law or regulation;
Ordinances relating to financial obligations or issuance and refinancing of debt;
Ordinances related to the adoption of county or municipal budgets or budget amendments; or
Ordinances required to implement a contract or agreement, to include federal, state, local, or
private grants and other financial assistance.
Local Government Authority
The Florida Constitution grants local governments broad authority to take actions furthering
citizens’ health, welfare, safety, and quality of life. This “home rule” authority includes
regulatory powers to issue authorizations and permits, and legislative powers to enact local laws.
Specifically, non-charter county governments may exercise those powers of self-government that
are provided by general or special law.
11
Those counties operating under a county charter have
all powers of local self-government not inconsistent with general law or special law approved by
the vote of the electors.
12
Likewise, municipalities have those governmental, corporate, and
proprietary powers that enable them to conduct municipal government, perform their functions
and provide municipal services, and exercise any power for municipal purposes, except as
otherwise provided by law.
13
This authority, under the umbrella of governmental or municipal purpose, extends broadly to any
ordinance necessary to promote the health, welfare, safety, and quality of life of a local
government’s residents.
14
Local governments’ authority has been liberally construed when
reviewed by courts. For example, courts have found the following to meet the standards for what
constitutes a “municipal purpose,” and therefore were valid local government actions:
Acquisition and maintenance of a golf course;
15
Sale of souvenir photographs;
16
and
Prohibiting the rental of motorized scooters.
17
In general, this broad home rule authority is limited by two guideposts: preemption, where a
higher level of government such as the State has already legislated on a topic, and standards of
reasonableness. Local governments may not pass ordinances which are apparently unreasonable
11
FLA. CONST. art. VIII, s. 1(f).
12
FLA. CONST. art. VIII, s. 1(g).
13
FLA. CONST. art. VIII, s. 2(b). See also s. 166.021(1), F.S.
14
Art. VIII, § 2(b), Fla. Const.; Section 125.86, F.S.; for municipalities see Quiles v. City of Boynton Beach, 802 So. 2d 397,
398 (Fla. 4th DCA 2001); § 166.021, Fla. Stat.
15
West v. Town of Lake Placid, 97 Fla. 127, 120 So. 361 (1929).
16
City of Winter Park v. Montesi, 448 So. 2d 1242 (Fla. 5th DCA 1984).
17
Classy Cycles, Inc. v. Panama City Beach, 301 So. 3d 1046 (Fla. 1
st
DCA 2019). BILL: CS/SB 1628 Page 4
or unreasonable, despite their wide-ranging powers.
18
Anyone affected by an ordinance may
challenge its validity in court by filing a civil action against the local government.
19
Legal Challenges to Certain Recently Enacted Ordinances
Current law
20
requires the local government to suspend enforcement of an ordinance subject to
such an action, including appeals, if:
The action was filed with the court no later than 90 days after the adoption date of the
ordinance;
The plaintiff or petitioner requests suspension in the initial complaint or petition; and
The county or city has been served with a copy of the complaint or petition.
Unless the plaintiff obtains a stay of the lower court’s order pending appeal, the local
government may enforce the ordinance 45 days after the entry of the lower court’s order. In
filing such an action, a party certifies that they do not file such a suit for frivolous or improper
purposes, and may be subject to sanctions and fees if they do so. Additionally, the court must
give those cases in which enforcement of the ordinance is suspended priority over other pending
cases and render a preliminary or final decision as expeditiously as possible.
The statutes regarding an ordinance’s stay and priority docketing for challenges do not apply to
the same set of decisions exempted from business impact estimates.
Comprehensive Plans
Local comprehensive plans must include principles, guidelines, standards, and strategies for the
orderly and balanced future land development of the area and reflect community commitments to
implement the plan. The Community Planning Act intends that local governments manage
growth through comprehensive land use plans that facilitate adequate and efficient provision of
transportation, water, sewage, schools, parks, recreational facilities, housing, and other
requirements and services.
21
The comprehensive plan is implemented via land development regulations. Each county and
municipality must adopt and enforce land development regulations, such as zoning or other land
use-related ordinances, which are consistent with and implement its adopted comprehensive
plan.
22
Issuing Development Orders and Permits
Under the Community Planning Act, a development permit is any official action of a local
government that has the effect of permitting the development of land including, but not limited
to, building permits, zoning permits, subdivision approval, rezoning, certifications, special
18
Dennis v. City of Key West, 381 So. 2d 312 (Fla. 3d DCA 1980).
19
Hardage v. City of Jacksonville Beach, 399 So. 2d 1077 (Fla. 1 DCA 1981). There are statutory requirements for being
allowed to bring suit in certain cases, such as those based on a technical deficiency in the ordinance, but the cases at issue in
this analysis merely require being affected.
20
Sections 125.675 and 166.0411, F.S.
21
Section 163.3161(4), F.S.
22
Section 163.3202, F.S. BILL: CS/SB 1628 Page 5
exceptions, and variances.
23
A development order is issued by a local government and grants,
denies, or grants with conditions an application for a development permit.
24
After receiving an application for approval of a development permit or development order, a
municipality or county must review the application for completeness and issue a letter indicating
that all required information is submitted or specify any areas that are deficient. If the application
is deficient, the applicant may address the deficiencies by submitting the required additional
information.
25
After the municipality or county has deemed the application complete it must
ultimately approve, approve with conditions, or deny the application for a development permit or
development order.
26
Development Agreements
Local governments may enter into development agreements with developers.
27
A “development
agreement” is a “contract between a local government and a property owner/developer, which
provides the developer with vested rights by freezing the existing zoning regulations applicable
to a property in exchange for public benefits.”
28
Any local government may, by ordinance, establish procedures and requirements to consider and
enter into a development agreement with any person having a legal or equitable interest in real
property located within its jurisdiction.
29
A development agreement must include certain
statutorily required elements describing the terms of the contract.
30
III. Effect of Proposed Changes:
Sections 1 and 3 amend ss. 125.66 and 166.041, F.S., to amend the exemptions to the
requirement that counties and cities, respectively, produce or have produced 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.
Sections 2 and 4 amend ss. 125.675 and 166.0411, F.S., to amend the exemptions to statutes
regarding an ordinance’s stay and priority docketing pending legal challenge. 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
Section 5 provides that the act shall take effect October 1, 2024.
23
Section 163.3164(16), F.S.
24
See ss. 125.022, 163.3164(15), and 166.033, F.S.
25
Sections 125.022(1) and 166.033(1), F.S.
26
Id.
27
Section 163.3220(4), F.S.; see also ss. 163.3220-163.3243, F.S., known as the “Florida Local Government Development
Agreement Act.”
28
Morgran Co., Inc. v. Orange County, 818 So. 2d 640 (Fla. 5th DCA 2002); 7 Fla. Jur 2d Building, Zoning, and Land
Controls § 168 (2019).
29
Section 163.3223, F.S; 7 Fla. Jur 2d Building, Zoning, and Land Controls § 168 (2019).
30
Section 163.3227(1), F.S. BILL: CS/SB 1628 Page 6
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The county and municipality mandate provisions of Article VII, section 18 of the Florida
Constitution may apply because the bill expands the types of ordinances for which local
governments must produce a business impact estimate, which will require additional staff
work for local governments. Article VII, section 18 (a) of the Florida Constitution
provides in part that a county or municipality may not be bound by a general law
requiring a county or municipality to spend funds or take an action that requires the
expenditure of funds unless certain specified exemptions or exceptions are met. None of
the constitutional exceptions appear to apply.
Article VII, section 18 (d) provides eight exemptions, which, if any single one is met,
exempts the law from the limitations on mandates. Laws having an “insignificant fiscal
impact” are exempt from the mandate requirements, which for Fiscal Year 2024-2025 is
forecast at approximately $2.3 million.
31,32
However, any local government costs
associated with the bill are speculative and not readily estimable for purposes of
determining whether the exemption for bills having an insignificant fiscal impact applies.
If the bill does qualify as a mandate, in order to be binding upon cities and counties, the
bill must contain a finding of important state interest and be approved by a two-thirds
vote of the membership of each house.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
31
FLA. CONST. art. VII, s. 18(d).
32
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
times $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact, (Sept.
2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited
Jan. 24, 2024). BILL: CS/SB 1628 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Producing business impact estimates for land use-related ordinances currently exempt
under current law will have a negative impact county and municipality staffing time and
resources.
Because the bill allows the stay and priority docketing provisions to apply to land use-
related ordinances, courts may see indeterminate economic impact as suspensions may
reduce hearings sought for temporary injunctive relief, while priority docketing may
increase workload for clerks of court.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 125.66, 125.675, 166.041, and 166.0411 of the Florida
Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on February 6, 2024:
The committee substitute removes provisions of the bill relating to economic security
analysis of local government actions by executive branch agencies.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.