September 29, 2023 | Legislative Reporter
The 2024 Legislative Session convenes on Jan. 9, 2024, and is scheduled to end on March 8, 2024. Interim committee meetings began on Sept 18 and will periodically continue through the week of Dec 11, 2023. No interim committee meetings were held this past week; they will next be held during the week of Oct. 9. During this past week and over the upcoming one, many of the legislators will be participating in local county delegation meetings.
The Bill Tracking Report, as of Sept. 29, can be viewed here. Please review it to see the bills filed that APA Florida is tracking. Note that if you click on the bill number, you will be linked to more information about the bill. If you would like any bills added to this report or would like more information about a specific bill, please contact Stefanie Svisco at ssvisco@floridaplanning.org.
The following bills of interest have been filed to date:
SB 32 (Sen. Garcia) requires the Florida Department of Environmental Protection to adopt rules for mangrove replanting and restoration. (Note Sen. Garcia filed a similar bill (SB 100) last session but it died in its last committee of reference.)
SB 36 (Sen. Stewart) requires the Florida Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan for the state by July 1, 2025, and specifies minimum requirements for the plan. (Note Sen. Stewart filed a similar bill (SB 506) last session but it died in its last committee of reference.)
SB 38 (Sen. Stewart) requires landlords or persons authorized to enter into rental agreements on behalf of landlords to make specified disclosures relating to flood zones before the commencement of a tenancy. (Note Sen. Stewart filed a similar bill (SB 716) last session but it was never heard in committee.)
HB 47 (Rep. F. Robinson) requires a municipality to charge customers receiving its utility services in another municipality the same rates, fees, and charges it charges consumers within its own municipal boundaries. (Note Rep. Robinson filed a similar bill (HB 361) last session but it was never heard in committee.)
HB 57 (Rep. Salzman) establishes term limits of eight consecutive years for county commissioners. HB 69 (Rep. A. Garcia) proposes an amendment to the State Constitution to allow the current homestead exemption to also apply to school district levies.
2023 Session Update
Following up on the 2023 legislative session, there are 33 bills passed during that session that go into effect on Oct. 1. The list can be viewed here. Of particular interest is SB 170 (Sen. Trumbull), dealing with local ordinances, which was codified as Chapter No. 2023-309.
The effective date in the bill is Oct. 1, 2023, except for the amendments to s.125.66 and s.166.041, F.S., related to the continuation of consideration of an ordinance to a subsequent meeting, described in the last bullet below, which took effect upon becoming law.
The bill does the following:
• amendss.57.112,F.S.,toprovidethatwhenacivilactionisfiledagainstalocalgovernmenttochallengethe adoptionofanordinanceasarbitraryorunreasonable,thecourtmay,butisnotrequiredto,awardupto$50,000 inattorneyfeesandcostsanddamagestotheprevailingplaintiff.Thisisnotapplicablewheretheplaintiffprevails onaseparateclaimregardingthesameordinance,orforfeesandcostsassociatedwithlitigatingoverattorney fees.Additionally,theseprovisionsmaynotbeconstruedtoauthorizedoublerecoveryifanaffectedperson prevailsonaclaimbroughtagainstalocalgovernmentpursuanttootherapplicablelawinvolvingthesame ordinance,operativeactsortransactions.Theamendmentstothissectionapplyprospectivelytoordinances adoptedonorafterOct.1,2023.AnamendmenttoanordinanceenactedafterOct.1,2023givesrisetoaclaim onlytotheextentthattheapplicationoftheamendatorylanguageisthecauseoftheclaimapartfromthe ordinancebeingamended.
• amends s. 125.66 and s.166.041, F.S., to require counties and cities, respectively, to prepare or cause to prepare a “business impact estimate” prior to enacting an ordinance; but specifies that this requirement should not be construed to require a county or city to hire an accountant or other financial consultant in preparing the estimate. The estimate must be posted on the government’s website no later than the date the notice of proposed enactment is published. The business impact estimate must include the following:
o a summary of the proposed ordinance, including a statement of the public purpose to be served by the proposed ordinance, such as public health, safety, morals, and welfare;
o an estimate of the direct economic impact of the proposed ordinance on private for-profit businesses in the county or city, including an estimate of direct compliance costs for businesses; an identification of new charges and fees for which businesses will be financially responsible; and an estimate of the counties or city’s regulatory costs.
o a good faith estimates of the number of businesses likely impacted; and
o any additional information deemed useful.
• provides that a business impact estimate is not required for the following:
o emergency ordinances
o ordinancesrelatedtoPartIIofchapter163,relatingtogrowthpolicy,countyandmunicipalplanning,and landdevelopmentregulation,includingzoning,developmentorders,developmentagreementsand developmentpermits.
o building code ordinances under s.553.73, F.S.
o fire prevention code ordinances under s.633.202, F.S.
o ordinancesestablishingorterminatingCommunityDevelopmentDistrictsunderss.190.005and190.046,F.S.
o ordinances required to comply with federal or state law or regulation.
o ordinances relating issuance or refinancing of debt.
o ordinances related to the adoption of county or municipal budgets or budget amendments, including revenue sources necessary to fund the budget.
o ordinances required to implement a contract or agreement, including but not limited to federal, state, local, or private grants or other financial assistance accepted by a county or municipality
o ordinances related to procurement
• creates s.125.675 and 166.0411, F.S. to set conditions on lawsuits brought by any party to challenge local ordinances as preempted by the State Constitution or by state law, or is arbitrary, or unreasonable. The bill requires the local government to suspend enforcement of an ordinance subject to such an action if:
o the action was filed with the court no later than 90 days after the adoption date of the ordinance;
o the plaintiff requests suspension in the initial complaint or petition, citing this new section; and
o the county or city has been served with a copy of the complaint or petition.
When a plaintiff appeals a final judgement finding that an ordinance is valid and enforceable, the county or municipality may enforce the ordinance 45 days after the entry of the order unless the plaintiff obtains a stay of the lower court’s order. 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 bill also provides that the court may award attorney fees and costs and damages as provided in s. 57.112, F.S., described previously above. In filing an action, the signature of an attorney or other party certifies that it has not been filed for any frivolous or improper purposes and may be subject to sanctions and fees if they are found to have done so. The provisions in these two new sections do not apply to the same ordinances as listed above for the business impact estimates.
• creates new provisions in s.125.66 and s.166.041, F.S. to provide that consideration of a proposed ordinance at a meeting properly noticed may be continued to a subsequent meeting if, at the scheduled meeting, the date, time, and place of the subsequent meeting is publicly stated. No further publication, mailing, or posted notice is required except that the continued consideration must be listed in an agenda or similar communication produced for the subsequent meeting. The bill further provides that this provision is remedial in nature, and is intended to clarify existing law, and shall apply retroactively.
Legislative News
DeSantis faces discrimination charge with congressional map, but proving it may be tough USA Today Network | John Kennedy | Sept. 24, 2023
State lawmaker: Florida’s Big Bend suffered a one-two punch and needs our help| Opinion
South Florida Sun Sentinel | Rep. Jason Shoaf | Sept. 28, 2023
Michelle Salzman wants Legislature to impose term limits on County Commissioners
Florida Politics | Jacob Ogles | Sept. 20, 2023