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         125.66 Ordinances; 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         125.675 Legal 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         166.041 Procedures 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         166.0411 Legal 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 state’s food production and supply,
  195  energy generation and delivery, essential supply chains, and the
  196  private enterprises that support this state’s 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 government’s 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 state’s
  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.