Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 280
Ì235072ÆÎ235072
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 57.112, Florida Statutes, is amended to
6 read:
7 57.112 Attorney fees and costs and damages; arbitrary,
8 unreasonable, or expressly preempted local ordinances actions.—
9 (1) As used in this section, the term “attorney fees and
10 costs” means the reasonable and necessary attorney fees and
11 costs incurred for all preparations, motions, hearings, trials,
12 and appeals in a proceeding.
13 (2) If a civil action is filed against a local government
14 to challenge the adoption or enforcement of a local ordinance on
15 the grounds that it is expressly preempted by the State
16 Constitution or by state law, the court shall assess and award
17 reasonable attorney fees and costs and damages to the prevailing
18 party.
19 (3) If a civil action is filed against a local government
20 to challenge the adoption of a local ordinance on the grounds
21 that the ordinance is arbitrary or unreasonable, the court may
22 assess and award reasonable attorney fees and costs and damages
23 to a prevailing plaintiff. An award of reasonable attorney fees
24 or costs and damages pursuant to this subsection may not exceed
25 $50,000. In addition, a prevailing plaintiff may not recover any
26 attorney fees or costs directly incurred or associated with
27 litigation to determine an award of reasonable attorney fees or
28 costs.
29 (4) Attorney fees and costs and damages may not be awarded
30 pursuant to this section if:
31 (a) The governing body of a local governmental entity
32 receives written notice that an ordinance that has been publicly
33 noticed or adopted is expressly preempted by the State
34 Constitution or state law or is arbitrary or unreasonable; and
35 (b) The governing body of the local governmental entity
36 withdraws the proposed ordinance within 30 days; or, in the case
37 of an adopted ordinance, the governing body of a local
38 government notices an intent to repeal the ordinance within 30
39 days of receipt of the notice and repeals the ordinance within
40 30 days thereafter.
41 (5)(4) The provisions in this section are supplemental to
42 all other sanctions or remedies available under law or court
43 rule. However, this section may not be construed to authorize
44 double recovery if an affected person prevails on a damages
45 claim brought against a local government pursuant to other
46 applicable law involving the same ordinance, operative acts, or
47 transactions.
48 (6)(5) This section does not apply to local ordinances
49 adopted pursuant to part II of chapter 163, s. 553.73, or s.
50 633.202.
51 (7)(a)(6) Except as provided in paragraph (b), this section
52 is intended to be prospective in nature and applies shall apply
53 only to cases commenced on or after July 1, 2019.
54 (b) The amendments to this section effective October 1,
55 2022, are prospective in nature and apply only to ordinances
56 adopted on or after October 1, 2022.
57 Section 2. Present subsections (3) through (6) of section
58 125.66, Florida Statutes, are redesignated as subsections (4)
59 through (7), respectively, a new subsection (3) is added to that
60 section, and paragraph (a) of subsection (2) of that section is
61 amended, to read:
62 125.66 Ordinances; enactment procedure; emergency
63 ordinances; rezoning or change of land use ordinances or
64 resolutions.—
65 (2)(a) The regular enactment procedure shall be as follows:
66 The board of county commissioners at any regular or special
67 meeting may enact or amend any ordinance, except as provided in
68 subsection (5) (4), if notice of intent to consider such
69 ordinance is given at least 10 days before such meeting by
70 publication as provided in chapter 50. A copy of such notice
71 shall be kept available for public inspection during the regular
72 business hours of the office of the clerk of the board of county
73 commissioners. The notice of proposed enactment shall state the
74 date, time, and place of the meeting; the title or titles of
75 proposed ordinances; and the place or places within the county
76 where such proposed ordinances may be inspected by the public.
77 The notice shall also advise that interested parties may appear
78 at the meeting and be heard with respect to the proposed
79 ordinance.
80 (3)(a) Before the enactment of a proposed ordinance, the
81 board of county commissioners shall prepare or cause to be
82 prepared a business impact estimate in accordance with this
83 subsection. The business impact estimate must be posted on the
84 county’s website no later than the date the notice of proposed
85 enactment is published pursuant to paragraph (2)(a) and must
86 include all of the following:
87 1. A summary of the proposed ordinance, including a
88 statement of the public purpose to be served by the proposed
89 ordinance, such as serving the public health, safety, morals,
90 and welfare of the county.
91 2. An estimate of the direct economic impact of the
92 proposed ordinance on private for-profit businesses in the
93 county, including the following, if any:
94 a. An estimate of direct compliance costs businesses may
95 reasonably incur if the ordinance is enacted.
96 b. Identification of any new charge or fee on businesses
97 subject to the proposed ordinance or for which businesses will
98 be financially responsible.
99 c. An estimate of the county’s regulatory costs, including
100 an estimate of revenues from any new charges or fees that will
101 be imposed on businesses to cover such costs.
102 3. A good faith estimate of the number of businesses likely
103 to be impacted by the ordinance.
104 4. Any additional information the board determines may be
105 useful.
106 (b) This subsection may not be construed to require a
107 county to procure an accountant or other financial consultant to
108 prepare the business impact estimate required by this
109 subsection.
110 (c) This subsection does not apply to local ordinances
111 enacted to implement the following:
112 1. Part II of chapter 163;
113 2. Section 553.73;
114 3. Section 633.202;
115 4. Ordinances required to comply with federal or state law
116 or regulation;
117 5. Ordinances related to the issuance or refinancing of
118 debt;
119 6. Ordinances related to the adoption of budgets or budget
120 amendments;
121 7. Ordinances required to implement a contract or an
122 agreement, including, but not limited to, any federal, state,
123 local, or private grant, or other financial assistance accepted
124 by a county government; or
125 8. Emergency ordinances.
126 Section 3. Section 125.675, Florida Statutes, is created to
127 read:
128 125.675 Legal challenges to certain recently enacted
129 ordinances.—
130 (1) A county must suspend enforcement of an ordinance that
131 is the subject of an action, including appeals, challenging the
132 ordinance’s validity on the grounds that it is expressly
133 preempted by the State Constitution or by state law or is
134 arbitrary or unreasonable if:
135 (a) The action was filed with the court no later than 90
136 days after the adoption of the ordinance;
137 (b) The complainant requests suspension in the initial
138 complaint or petition, citing this section; and
139 (c) The county has been served with a copy of the complaint
140 or petition.
141 (2) When there is an appeal to a case in which the
142 enforcement of an ordinance is suspended under this section, the
143 appellate court may lift the suspension if the local government
144 prevailed in the lower court.
145 (3) The court shall give cases in which the enforcement of
146 an ordinance is suspended under this section priority over other
147 pending cases and shall render a preliminary or final decision
148 on the validity of the ordinance as expeditiously as possible.
149 (4) The signature of an attorney or a party constitutes a
150 certificate that he or she has read the pleading, motion, or
151 other paper and that, to the best of his or her knowledge,
152 information, and belief formed after reasonable inquiry, it is
153 not interposed for any improper purpose, such as to harass or to
154 cause unnecessary delay, or for economic advantage, competitive
155 reasons, or frivolous purposes or needless increase in the cost
156 of litigation. If a pleading, motion, or other paper is signed
157 in violation of these requirements, the court, upon its own
158 initiative, shall impose upon the person who signed it, a
159 represented party, or both, an appropriate sanction, which may
160 include an order to pay to the other party or parties the amount
161 of reasonable expenses incurred because of the filing of the
162 pleading, motion, or other paper, including reasonable attorney
163 fees.
164 (5) This section does not apply to local ordinances enacted
165 to implement the following:
166 (a) Part II of chapter 163;
167 (b) Section 553.73;
168 (c) Section 633.202;
169 (d) Sections 190.005 and 190.046;
170 (e) Ordinances required to comply with federal or state law
171 or regulation;
172 (f) Ordinances related to the issuance or refinancing of
173 debt;
174 (g) Ordinances related to the adoption of budgets or budget
175 amendments;
176 (h) Ordinances required to implement a contract or an
177 agreement, including, but not limited to, any federal, state,
178 local, or private grant, or other financial assistance accepted
179 by a county government; or
180 (i) Emergency ordinances.
181 (6) The court may award attorney fees and costs and damages
182 as provided in s. 57.112.
183 Section 4. Present subsections (4) through (8) of section
184 166.041, Florida Statutes, are redesignated as subsections (5)
185 through (9), respectively, and a new subsection (4) is added to
186 that section, to read:
187 166.041 Procedures for adoption of ordinances and
188 resolutions.—
189 (4)(a) Before the enactment of a proposed ordinance, the
190 governing body of a municipality shall prepare or cause to be
191 prepared a business impact estimate in accordance with this
192 subsection. The business impact estimate must be posted on the
193 municipality’s website no later than the date the notice of
194 proposed enactment is published pursuant to paragraph (3)(a) and
195 must include all of the following:
196 1. A summary of the proposed ordinance, including a
197 statement of the public purpose to be served by the proposed
198 ordinance, such as serving the public health, safety, morals,
199 and welfare of the municipality.
200 2. An estimate of the direct economic impact of the
201 proposed ordinance on private for-profit businesses in the
202 municipality, including the following, if any:
203 a. An estimate of direct compliance costs businesses may
204 reasonably incur if the ordinance is enacted;
205 b. Identification of any new charge or fee on businesses
206 subject to the proposed ordinance, or for which businesses will
207 be financially responsible; and
208 c. An estimate of the municipality’s regulatory costs,
209 including an estimate of revenues from any new charges or fees
210 that will be imposed on businesses to cover such costs.
211 3. A good faith estimate of the number of businesses likely
212 to be impacted by the ordinance.
213 4. Any additional information the governing body determines
214 may be useful.
215 (b) This subsection may not be construed to require a
216 municipality to procure an accountant or other financial
217 consultant to prepare the business impact estimate required by
218 this subsection.
219 (c) This subsection does not apply to local ordinances
220 enacted to implement the following:
221 1. Part II of chapter 163;
222 2. Section 553.73;
223 3. Section 633.202;
224 4. Ordinances required to comply with federal or state law
225 or regulation;
226 5. Ordinances related to the issuance or refinancing of
227 debt;
228 6. Ordinances related to the adoption of budgets or budget
229 amendments;
230 7. Ordinances required to implement a contract or an
231 agreement, including, but not limited to, any federal, state,
232 local, or private grant, or other financial assistance accepted
233 by a local government; or
234 8. Emergency ordinances.
235 Section 5. Section 166.0411, Florida Statutes, is created
236 to read:
237 166.0411 Legal challenges to certain recently enacted
238 ordinances.—
239 (1) A municipality must suspend enforcement of an ordinance
240 that is the subject of an action, including appeals, challenging
241 the ordinance’s validity on the grounds that it is expressly
242 preempted by the State Constitution or by state law or is
243 arbitrary or unreasonable if:
244 (a) The action was filed with the court no later than 90
245 days after the adoption of the ordinance;
246 (b) The complainant requests suspension in the initial
247 complaint or petition, citing this section; and
248 (c) The municipality has been served with a copy of the
249 complaint or petition.
250 (2) When there is an appeal to a case in which the
251 enforcement of an ordinance is suspended under this section, the
252 appellate court may lift the suspension if the local government
253 prevailed in the lower court.
254 (3) The court shall give cases in which the enforcement of
255 an ordinance is suspended under this section priority over other
256 pending cases and shall render a preliminary or final decision
257 on the validity of the ordinance as expeditiously as possible.
258 (4) The signature of an attorney or a party constitutes a
259 certificate that he or she has read the pleading, motion, or
260 other paper and that, to the best of his or her knowledge,
261 information, and belief formed after reasonable inquiry, it is
262 not interposed for any improper purpose, such as to harass or to
263 cause unnecessary delay, or for economic advantage, competitive
264 reasons, or frivolous purposes or needless increase in the cost
265 of litigation. If a pleading, motion, or other paper is signed
266 in violation of these requirements, the court, upon its own
267 initiative, shall impose upon the person who signed it, a
268 represented party, or both, an appropriate sanction, which may
269 include an order to pay to the other party or parties the amount
270 of reasonable expenses incurred because of the filing of the
271 pleading, motion, or other paper, including reasonable attorney
272 fees.
273 (5) This section does not apply to local ordinances enacted
274 to implement the following:
275 (a) Part II of chapter 163;
276 (b) Section 553.73;
277 (c) Section 633.202;
278 (d) Sections 190.005 and 190.046;
279 (e) Ordinances required to comply with federal or state law
280 or regulation;
281 (f) Ordinances related to the issuance or refinancing of
282 debt;
283 (g) Ordinances related to the adoption of budgets or budget
284 amendments;
285 (h) Ordinances required to implement a contract or
286 agreement, including, but not limited to, any federal, state,
287 local, or private grant, or other financial assistance accepted
288 by a municipal government; or
289 (i) Emergency ordinances.
290 (6) The court may award attorney fees and costs and damages
291 as provided in s. 57.112.
292 Section 6. Subsection (5) of section 163.2517, Florida
293 Statutes, is amended to read:
294 163.2517 Designation of urban infill and redevelopment
295 area.—
296 (5) After the preparation of an urban infill and
297 redevelopment plan or designation of an existing plan, the local
298 government shall adopt the plan by ordinance. Notice for the
299 public hearing on the ordinance must be in the form established
300 in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
301 s. 125.66(4)(b)2. for counties.
302 Section 7. Paragraph (a) of subsection (3) of section
303 163.3181, Florida Statutes, is amended to read:
304 163.3181 Public participation in the comprehensive planning
305 process; intent; alternative dispute resolution.—
306 (3) A local government considering undertaking a publicly
307 financed capital improvement project may elect to use the
308 procedures set forth in this subsection for the purpose of
309 allowing public participation in the decision and resolution of
310 disputes. For purposes of this subsection, a publicly financed
311 capital improvement project is a physical structure or
312 structures, the funding for construction, operation, and
313 maintenance of which is financed entirely from public funds.
314 (a) Prior to the date of a public hearing on the decision
315 on whether to proceed with the proposed project, the local
316 government shall publish public notice of its intent to decide
317 the issue according to the notice procedures described by s.
318 125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
319 166.041(3)(c)2.b. for a municipality.
320 Section 8. Paragraph (a) of subsection (4) of section
321 163.3215, Florida Statutes, is amended to read:
322 163.3215 Standing to enforce local comprehensive plans
323 through development orders.—
324 (4) If a local government elects to adopt or has adopted an
325 ordinance establishing, at a minimum, the requirements listed in
326 this subsection, the sole method by which an aggrieved and
327 adversely affected party may challenge any decision of local
328 government granting or denying an application for a development
329 order, as defined in s. 163.3164, which materially alters the
330 use or density or intensity of use on a particular piece of
331 property, on the basis that it is not consistent with the
332 comprehensive plan adopted under this part, is by an appeal
333 filed by a petition for writ of certiorari filed in circuit
334 court no later than 30 days following rendition of a development
335 order or other written decision of the local government, or when
336 all local administrative appeals, if any, are exhausted,
337 whichever occurs later. An action for injunctive or other relief
338 may be joined with the petition for certiorari. Principles of
339 judicial or administrative res judicata and collateral estoppel
340 apply to these proceedings. Minimum components of the local
341 process are as follows:
342 (a) The local process must make provision for notice of an
343 application for a development order that materially alters the
344 use or density or intensity of use on a particular piece of
345 property, including notice by publication or mailed notice
346 consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
347 166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
348 166.041(3)(c)2.b. and c., and must require prominent posting at
349 the job site. The notice must be given within 10 days after the
350 filing of an application for a development order; however,
351 notice under this subsection is not required for an application
352 for a building permit or any other official action of local
353 government which does not materially alter the use or density or
354 intensity of use on a particular piece of property. The notice
355 must clearly delineate that an aggrieved or adversely affected
356 person has the right to request a quasi-judicial hearing before
357 the local government for which the application is made, must
358 explain the conditions precedent to the appeal of any
359 development order ultimately rendered upon the application, and
360 must specify the location where written procedures can be
361 obtained that describe the process, including how to initiate
362 the quasi-judicial process, the timeframes for initiating the
363 process, and the location of the hearing. The process may
364 include an opportunity for an alternative dispute resolution.
365 Section 9. Paragraph (c) of subsection (1) of section
366 376.80, Florida Statutes, is amended to read:
367 376.80 Brownfield program administration process.—
368 (1) The following general procedures apply to brownfield
369 designations:
370 (c) Except as otherwise provided, the following provisions
371 apply to all proposed brownfield area designations:
372 1. Notification to department following adoption.—A local
373 government with jurisdiction over the brownfield area must
374 notify the department, and, if applicable, the local pollution
375 control program under s. 403.182, of its decision to designate a
376 brownfield area for rehabilitation for the purposes of ss.
377 376.77-376.86. The notification must include a resolution
378 adopted by the local government body. The local government shall
379 notify the department, and, if applicable, the local pollution
380 control program under s. 403.182, of the designation within 30
381 days after adoption of the resolution.
382 2. Resolution adoption.—The brownfield area designation
383 must be carried out by a resolution adopted by the
384 jurisdictional local government, which includes a map adequate
385 to clearly delineate exactly which parcels are to be included in
386 the brownfield area or alternatively a less-detailed map
387 accompanied by a detailed legal description of the brownfield
388 area. For municipalities, the governing body shall adopt the
389 resolution in accordance with the procedures outlined in s.
390 166.041, except that the procedures for the public hearings on
391 the proposed resolution must be in the form established in s.
392 166.041(3)(c)2. For counties, the governing body shall adopt the
393 resolution in accordance with the procedures outlined in s.
394 125.66, except that the procedures for the public hearings on
395 the proposed resolution shall be in the form established in s.
396 125.66(5)(b) s. 125.66(4)(b).
397 3. Right to be removed from proposed brownfield area.—If a
398 property owner within the area proposed for designation by the
399 local government requests in writing to have his or her property
400 removed from the proposed designation, the local government
401 shall grant the request.
402 4. Notice and public hearing requirements for designation
403 of a proposed brownfield area outside a redevelopment area or by
404 a nongovernmental entity. Compliance with the following
405 provisions is required before designation of a proposed
406 brownfield area under paragraph (2)(a) or paragraph (2)(c):
407 a. At least one of the required public hearings shall be
408 conducted as closely as is reasonably practicable to the area to
409 be designated to provide an opportunity for public input on the
410 size of the area, the objectives for rehabilitation, job
411 opportunities and economic developments anticipated,
412 neighborhood residents’ considerations, and other relevant local
413 concerns.
414 b. Notice of a public hearing must be made in a newspaper
415 of general circulation in the area, must be made in ethnic
416 newspapers or local community bulletins, must be posted in the
417 affected area, and must be announced at a scheduled meeting of
418 the local governing body before the actual public hearing.
419 Section 10. Paragraph (a) of subsection (3) of section
420 497.270, Florida Statutes, is amended to read:
421 497.270 Minimum acreage; sale or disposition of cemetery
422 lands.—
423 (3)(a) If the property to be sold, conveyed, or disposed of
424 under subsection (2) has been or is being used for the permanent
425 interment of human remains, the applicant for approval of such
426 sale, conveyance, or disposition shall cause to be published, at
427 least once a week for 4 consecutive weeks, a notice meeting the
428 standards of publication set forth in s. 125.66(5)(b)2. s.
429 125.66(4)(b)2. The notice shall describe the property in
430 question and the proposed noncemetery use and shall advise
431 substantially affected persons that they may file a written
432 request for a hearing pursuant to chapter 120, within 14 days
433 after the date of last publication of the notice, with the
434 department if they object to granting the applicant’s request to
435 sell, convey, or dispose of the subject property for noncemetery
436 uses.
437 Section 11. Paragraph (a) of subsection (2) of section
438 562.45, Florida Statutes, is amended to read:
439 562.45 Penalties for violating Beverage Law; local
440 ordinances; prohibiting regulation of certain activities or
441 business transactions; requiring nondiscriminatory treatment;
442 providing exceptions.—
443 (2)(a) Nothing contained in the Beverage Law shall be
444 construed to affect or impair the power or right of any county
445 or incorporated municipality of the state to enact ordinances
446 regulating the hours of business and location of place of
447 business, and prescribing sanitary regulations therefor, of any
448 licensee under the Beverage Law within the county or corporate
449 limits of such municipality. However, except for premises
450 licensed on or before July 1, 1999, and except for locations
451 that are licensed as restaurants, which derive at least 51
452 percent of their gross revenues from the sale of food and
453 nonalcoholic beverages, pursuant to chapter 509, a location for
454 on-premises consumption of alcoholic beverages may not be
455 located within 500 feet of the real property that comprises a
456 public or private elementary school, middle school, or secondary
457 school unless the county or municipality approves the location
458 as promoting the public health, safety, and general welfare of
459 the community under proceedings as provided in s. 125.66(5) s.
460 125.66(4), for counties, and s. 166.041(3)(c), for
461 municipalities. This restriction shall not, however, be
462 construed to prohibit the issuance of temporary permits to
463 certain nonprofit organizations as provided for in s. 561.422.
464 The division may not issue a change in the series of a license
465 or approve a change of a licensee’s location unless the licensee
466 provides documentation of proper zoning from the appropriate
467 county or municipal zoning authorities.
468 Section 12. Subsection (1) of section 847.0134, Florida
469 Statutes, is amended to read:
470 847.0134 Prohibition of adult entertainment establishment
471 that displays, sells, or distributes materials harmful to minors
472 within 2,500 feet of a school.—
473 (1) Except for those establishments that are legally
474 operating or have been granted a permit from a local government
475 to operate as adult entertainment establishments on or before
476 July 1, 2001, an adult entertainment establishment that sells,
477 rents, loans, distributes, transmits, shows, or exhibits any
478 obscene material, as described in s. 847.0133, or presents live
479 entertainment or a motion picture, slide, or other exhibit that,
480 in whole or in part, depicts nudity, sexual conduct, sexual
481 excitement, sexual battery, sexual bestiality, or
482 sadomasochistic abuse and that is harmful to minors, as
483 described in s. 847.001, may not be located within 2,500 feet of
484 the real property that comprises a public or private elementary
485 school, middle school, or secondary school unless the county or
486 municipality approves the location under proceedings as provided
487 in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
488 for municipalities.
489 Section 13. The Legislature finds and declares that this
490 act fulfills an important state interest.
491 Section 14. This act shall take effect October 1, 2022.
492
493 ================= T I T L E A M E N D M E N T ================
494 And the title is amended as follows:
495 Delete everything before the enacting clause
496 and insert:
497 A bill to be entitled
498 An act relating to local ordinances; amending s.
499 57.112, F.S.; authorizing courts to assess and award
500 reasonable attorney fees and costs and damages in
501 certain civil actions filed against local governments;
502 specifying a limitation on awards and a restriction;
503 providing construction and applicability; amending s.
504 125.66, F.S.; requiring a board of county
505 commissioners to prepare or cause to be prepared a
506 business impact estimate before the enactment of a
507 proposed ordinance; specifying requirements for the
508 posting and content of the estimate; providing
509 construction and applicability; creating s. 125.675,
510 F.S.; requiring a county to suspend enforcement of an
511 ordinance that is the subject of a certain legal
512 action if certain conditions are met; authorizing an
513 appellate court to lift a suspension under certain
514 circumstances; requiring courts to give priority to
515 certain cases; providing construction relating to an
516 attorney’s or a party’s signature; requiring a court
517 to impose sanctions under certain circumstances;
518 providing applicability; authorizing courts to award
519 attorney fees and costs and damages under certain
520 circumstances; amending s. 166.041, F.S.; requiring a
521 governing body of a municipality to prepare or cause
522 to be prepared a business impact estimate before the
523 enactment of a proposed ordinance; specifying
524 requirements for the posting and content of the
525 estimate; providing construction and applicability;
526 creating s. 166.0411, F.S.; requiring a municipality
527 to suspend enforcement of an ordinance that is the
528 subject of a certain legal action if certain
529 conditions are met; authorizing an appellate court to
530 lift a suspension under certain circumstances;
531 requiring courts to give priority to certain cases;
532 providing construction relating to an attorney’s or a
533 party’s signature; requiring a court to impose
534 sanctions under certain circumstances; providing
535 applicability; authorizing courts to award attorney
536 fees and costs and damages under certain
537 circumstances; amending ss. 163.2517, 163.3181,
538 163.3215, 376.80, 497.270, 562.45, and 847.0134, F.S.;
539 conforming cross-references; providing a declaration
540 of important state interest; providing an effective
541 date.