Florida Senate - 2024                             CS for SB 1628
       
       
        
       By the Committee on Community Affairs; and Senator Collins
       
       
       
       
       
       578-03045-24                                          20241628c1
    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; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (c) of subsection (3) of section
   12  125.66, Florida Statutes, is amended to read:
   13         125.66 Ordinances; enactment procedure; emergency
   14  ordinances; rezoning or change of land use ordinances or
   15  resolutions.—
   16         (3)
   17         (c) This subsection does not apply to:
   18         1. Ordinances required for compliance with federal or state
   19  law or regulation;
   20         2. Ordinances relating to the issuance or refinancing of
   21  debt;
   22         3. Ordinances relating to the adoption of budgets or budget
   23  amendments, including revenue sources necessary to fund the
   24  budget;
   25         4. Ordinances required to implement a contract or an
   26  agreement, including, but not limited to, any federal, state,
   27  local, or private grant, or other financial assistance accepted
   28  by a county government;
   29         5. Emergency ordinances;
   30         6. Ordinances relating to procurement; or
   31         7. Ordinances enacted to implement the following:
   32         a. Part II of chapter 163, relating to growth policy,
   33  county and municipal planning, and land development regulation,
   34  including zoning, Development orders and development permits, as
   35  those terms are defined in s. 163.3164, and, development
   36  agreements, as authorized by the Florida Local Government
   37  Development Agreement Act under ss. 163.3220-163.3243 and
   38  development permits;
   39         b. Sections 190.005 and 190.046;
   40         c. Section 553.73, relating to the Florida Building Code;
   41  or
   42         d. Section 633.202, relating to the Florida Fire Prevention
   43  Code.
   44         Section 2. Subsection (5) of section 125.675, Florida
   45  Statutes, is amended to read:
   46         125.675 Legal challenges to certain recently enacted
   47  ordinances.—
   48         (5) This section does not apply to:
   49         (a) Ordinances required for compliance with federal or
   50  state law or regulation;
   51         (b) Ordinances relating to the issuance or refinancing of
   52  debt;
   53         (c) Ordinances relating to the adoption of budgets or
   54  budget amendments, including revenue sources necessary to fund
   55  the budget;
   56         (d) Ordinances required to implement a contract or an
   57  agreement, including, but not limited to, any federal, state,
   58  local, or private grant, or other financial assistance accepted
   59  by a county government;
   60         (e) Emergency ordinances;
   61         (f) Ordinances relating to procurement; or
   62         (g) Ordinances enacted to implement the following:
   63         1. Part II of chapter 163, relating to growth policy,
   64  county and municipal planning, and land development regulation,
   65  including zoning, Development orders and development permits, as
   66  those terms are defined in s. 163.3164, and, development
   67  agreements, as authorized by the Florida Local Government
   68  Development Agreement Act under ss. 163.3220-163.3243 and
   69  development permits;
   70         2. Sections 190.005 and 190.046;
   71         3. Section 553.73, relating to the Florida Building Code;
   72  or
   73         4. Section 633.202, relating to the Florida Fire Prevention
   74  Code.
   75         Section 3. Paragraph (c) of subsection (4) of section
   76  166.041, Florida Statutes, is amended to read:
   77         166.041 Procedures for adoption of ordinances and
   78  resolutions.—
   79         (4)
   80         (c) This subsection does not apply to:
   81         1. Ordinances required for compliance with federal or state
   82  law or regulation;
   83         2. Ordinances relating to the issuance or refinancing of
   84  debt;
   85         3. Ordinances relating to the adoption of budgets or budget
   86  amendments, including revenue sources necessary to fund the
   87  budget;
   88         4. Ordinances required to implement a contract or an
   89  agreement, including, but not limited to, any federal, state,
   90  local, or private grant, or other financial assistance accepted
   91  by a municipal government;
   92         5. Emergency ordinances;
   93         6. Ordinances relating to procurement; or
   94         7. Ordinances enacted to implement the following:
   95         a. Part II of chapter 163, relating to growth policy,
   96  county and municipal planning, and land development regulation,
   97  including zoning, Development orders and development permits, as
   98  those terms are defined in s. 163.3164, and, development
   99  agreements, as authorized by the Florida Local Government
  100  Development Agreement Act under ss. 163.3220-163.3243 and
  101  development permits;
  102         b. Sections 190.005 and 190.046;
  103         c. Section 553.73, relating to the Florida Building Code;
  104  or
  105         d. Section 633.202, relating to the Florida Fire Prevention
  106  Code.
  107         Section 4. Subsection (5) of section 166.0411, Florida
  108  Statutes, is amended to read:
  109         166.0411 Legal challenges to certain recently enacted
  110  ordinances.—
  111         (5) This section does not apply to:
  112         (a) Ordinances required for compliance with federal or
  113  state law or regulation;
  114         (b) Ordinances relating to the issuance or refinancing of
  115  debt;
  116         (c) Ordinances relating to the adoption of budgets or
  117  budget amendments, including revenue sources necessary to fund
  118  the budget;
  119         (d) Ordinances required to implement a contract or an
  120  agreement, including, but not limited to, any federal, state,
  121  local, or private grant, or other financial assistance accepted
  122  by a municipal government;
  123         (e) Emergency ordinances;
  124         (f) Ordinances relating to procurement; or
  125         (g) Ordinances enacted to implement the following:
  126         1. Part II of chapter 163, relating to growth policy,
  127  county and municipal planning, and land development regulation,
  128  including zoning, Development orders and development permits, as
  129  those terms are defined in s. 163.3164, and, development
  130  agreements, as authorized by the Florida Local Government
  131  Development Agreement Act under ss. 163.3220-163.3243 and
  132  development permits;
  133         2. Sections 190.005 and 190.046;
  134         3. Section 553.73, relating to the Florida Building Code;
  135  or
  136         4. Section 633.202, relating to the Florida Fire Prevention
  137  Code.
  138         Section 5. This act shall take effect October 1, 2024.