Florida Senate - 2023 CS for CS for SB 170
By the Committees on Rules; and Community Affairs; and Senators
Trumbull and Perry
595-02179-23 2023170c2
1 A bill to be entitled
2 An act relating to local ordinances; amending s.
3 57.112, F.S.; authorizing courts to assess and award
4 reasonable attorney fees and costs and damages in
5 certain civil actions filed against local governments;
6 specifying a limitation on awards and a restriction on
7 fees and costs of certain litigation; providing
8 construction and applicability; amending s. 125.66,
9 F.S.; providing certain procedures for continued
10 meetings on proposed ordinances for counties;
11 providing for construction and retroactive
12 application; requiring a board of county commissioners
13 to prepare or cause to be prepared a business impact
14 estimate before the enactment of a proposed ordinance;
15 specifying requirements for the posting and content of
16 the estimate; providing construction and
17 applicability; creating s. 125.675, F.S.; requiring a
18 county to suspend enforcement of an ordinance that is
19 the subject of a certain legal action if certain
20 conditions are met; authorizing a prevailing county to
21 enforce the ordinance after a specified period, except
22 under certain circumstances; requiring courts to give
23 priority to certain cases; providing construction
24 relating to an attorney’s or a party’s signature;
25 requiring a court to impose sanctions under certain
26 circumstances; providing applicability; authorizing
27 courts to award attorney fees and costs and damages if
28 certain conditions are met; amending s. 166.041, F.S.;
29 providing certain procedures for continued meetings on
30 proposed ordinances for municipalities; providing for
31 construction and retroactive application; requiring a
32 governing body of a municipality to prepare or cause
33 to be prepared a business impact estimate before the
34 enactment of a proposed ordinance; specifying
35 requirements for the posting and content of the
36 estimate; providing construction and applicability;
37 creating s. 166.0411, F.S.; requiring a municipality
38 to suspend enforcement of an ordinance that is the
39 subject of a certain legal action if certain
40 conditions are met; authorizing a prevailing
41 municipality to enforce the ordinance after a
42 specified period, except under certain circumstances;
43 requiring courts to give priority to certain cases;
44 providing construction relating to an attorney’s or a
45 party’s signature; requiring a court to impose
46 sanctions under certain circumstances; providing
47 applicability; authorizing courts to award attorney
48 fees and costs and damages if certain conditions are
49 met; amending ss. 163.2517, 163.3181, 163.3215,
50 376.80, 497.270, 562.45, and 847.0134, F.S.;
51 conforming cross-references and making technical
52 changes; providing a declaration of important state
53 interest; providing effective dates.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 57.112, Florida Statutes, is amended to
58 read:
59 57.112 Attorney fees and costs and damages; arbitrary,
60 unreasonable, or expressly preempted local ordinances actions.—
61 (1) As used in this section, the term “attorney fees and
62 costs” means the reasonable and necessary attorney fees and
63 costs incurred for all preparations, motions, hearings, trials,
64 and appeals in a proceeding.
65 (2) If a civil action is filed against a local government
66 to challenge the adoption or enforcement of a local ordinance on
67 the grounds that it is expressly preempted by the State
68 Constitution or by state law, the court shall assess and award
69 reasonable attorney fees and costs and damages to the prevailing
70 party.
71 (3) If a civil action is filed against a local government
72 to challenge the adoption of a local ordinance on the grounds
73 that the ordinance is arbitrary or unreasonable, the court may
74 assess and award reasonable attorney fees and costs and damages
75 to a prevailing plaintiff. An award of reasonable attorney fees
76 or costs and damages pursuant to this subsection may not exceed
77 $50,000. In addition, a prevailing plaintiff may not recover any
78 attorney fees or costs directly incurred by or associated with
79 litigation to determine an award of reasonable attorney fees or
80 costs.
81 (4) Attorney fees and costs and damages may not be awarded
82 pursuant to this section if:
83 (a) The governing body of a local governmental entity
84 receives written notice that an ordinance that has been publicly
85 noticed or adopted is expressly preempted by the State
86 Constitution or state law or is arbitrary or unreasonable; and
87 (b) The governing body of the local governmental entity
88 withdraws the proposed ordinance within 30 days; or, in the case
89 of an adopted ordinance, the governing body of a local
90 government notices an intent to repeal the ordinance within 30
91 days after of receipt of the notice and repeals the ordinance
92 within 30 days thereafter.
93 (5)(4) The provisions in this section are supplemental to
94 all other sanctions or remedies available under law or court
95 rule. However, this section may not be construed to authorize
96 double recovery if an affected person prevails on a claim
97 brought against a local government pursuant to other applicable
98 law involving the same ordinance, operative acts, or
99 transactions.
100 (6)(5) This section does not apply to local ordinances
101 adopted pursuant to part II of chapter 163, s. 553.73, or s.
102 633.202.
103 (7)(a)(6) Except as provided in paragraph (b), this section
104 is intended to be prospective in nature and applies shall apply
105 only to cases commenced on or after July 1, 2019.
106 (b) The amendments to this section effective October 1,
107 2023, are prospective in nature and apply only to ordinances
108 adopted on or after October 1, 2023.
109 (c) An amendment to an ordinance enacted after October 1,
110 2023, gives rise to a claim under this section only to the
111 extent that the application of the amendatory language is the
112 cause of the claim apart from the ordinance being amended.
113 Section 2. Effective upon becoming a law, present
114 paragraphs (b) and (c) of subsection (2) of section 125.66,
115 Florida Statutes, are redesignated as paragraphs (c) and (d),
116 respectively, and a new paragraph (b) is added to that
117 subsection, to read:
118 125.66 Ordinances; enactment procedure; emergency
119 ordinances; rezoning or change of land use ordinances or
120 resolutions.—
121 (2)
122 (b) Consideration of the proposed ordinance at a meeting
123 properly noticed pursuant to this subsection may be continued to
124 a subsequent meeting if, at the meeting, the date, time, and
125 place of the subsequent meeting is publicly stated. No further
126 publication, mailing, or posted notice as required under
127 paragraph (a) is required, except that the continued
128 consideration must be listed in an agenda or similar
129 communication produced for the subsequent meeting. This
130 paragraph is remedial in nature, is intended to clarify existing
131 law, and shall apply retroactively.
132 Section 3. Present subsections (3) through (6) of section
133 125.66, Florida Statutes, are redesignated as subsections (4)
134 through (7), respectively, a new subsection (3) is added to that
135 section, and paragraph (a) of subsection (2) of that section is
136 amended, to read:
137 125.66 Ordinances; enactment procedure; emergency
138 ordinances; rezoning or change of land use ordinances or
139 resolutions.—
140 (2)(a) The regular enactment procedure is shall be as
141 follows: The board of county commissioners at any regular or
142 special meeting may enact or amend any ordinance, except as
143 provided in subsection (5) (4), if notice of intent to consider
144 such ordinance is given at least 10 days before such meeting by
145 publication as provided in chapter 50. A copy of such notice
146 must shall be kept available for public inspection during the
147 regular business hours of the office of the clerk of the board
148 of county commissioners. The notice of proposed enactment must
149 shall state the date, time, and place of the meeting; the title
150 or titles of proposed ordinances; and the place or places within
151 the county where such proposed ordinances may be inspected by
152 the public. The notice must shall also advise that interested
153 parties may appear at the meeting and be heard with respect to
154 the proposed ordinance.
155 (3)(a) Before the enactment of a proposed ordinance, the
156 board of county commissioners shall prepare or cause to be
157 prepared a business impact estimate in accordance with this
158 subsection. The business impact estimate must be posted on the
159 county’s website no later than the date the notice of proposed
160 enactment is published pursuant to paragraph (2)(a) and must
161 include all of the following:
162 1. A summary of the proposed ordinance, including a
163 statement of the public purpose to be served by the proposed
164 ordinance, such as serving the public health, safety, morals,
165 and welfare of the county.
166 2. An estimate of the direct economic impact of the
167 proposed ordinance on private, for-profit businesses in the
168 county, including the following, if any:
169 a. An estimate of direct compliance costs that businesses
170 may reasonably incur if the ordinance is enacted.
171 b. Identification of any new charge or fee on businesses
172 subject to the proposed ordinance or for which businesses will
173 be financially responsible.
174 c. An estimate of the county’s regulatory costs, including
175 an estimate of revenues from any new charges or fees that will
176 be imposed on businesses to cover such costs.
177 3. A good faith estimate of the number of businesses likely
178 to be impacted by the ordinance.
179 4. Any additional information the board determines may be
180 useful.
181 (b) This subsection may not be construed to require a
182 county to procure an accountant or other financial consultant to
183 prepare the business impact estimate required by this
184 subsection.
185 (c) This subsection does not apply to:
186 1. Ordinances required for compliance with federal or state
187 law or regulation;
188 2. Ordinances relating to the issuance or refinancing of
189 debt;
190 3. Ordinances relating to the adoption of budgets or budget
191 amendments, including revenue sources necessary to fund the
192 budget;
193 4. Ordinances required to implement a contract or an
194 agreement, including, but not limited to, any federal, state,
195 local, or private grant, or other financial assistance accepted
196 by a county government;
197 5. Emergency ordinances;
198 6. Ordinances relating to procurement; or
199 7. Ordinances enacted to implement the following:
200 a. Part II of chapter 163, relating to growth policy,
201 county and municipal planning, and land development regulation,
202 including zoning, development orders, development agreements,
203 and development permits;
204 b. Sections 190.005 and 190.046;
205 c. Section 553.73, relating to the Florida Building Code;
206 or
207 d. Section 633.202, relating to the Florida Fire Prevention
208 Code.
209 Section 4. Section 125.675, Florida Statutes, is created to
210 read:
211 125.675 Legal challenges to certain recently enacted
212 ordinances.—
213 (1) A county must suspend enforcement of an ordinance that
214 is the subject of an action challenging the ordinance’s validity
215 on the grounds that it is expressly preempted by the State
216 Constitution or by state law or is arbitrary or unreasonable if:
217 (a) The action was filed with the court no later than 90
218 days after the adoption of the ordinance;
219 (b) The plaintiff requests suspension in the initial
220 complaint or petition, citing this section; and
221 (c) The county has been served with a copy of the complaint
222 or petition.
223 (2) When the plaintiff appeals a final judgment finding
224 that an ordinance is valid and enforceable, the county may
225 enforce the ordinance 45 days after the entry of the order
226 unless the plaintiff obtains a stay of the lower court’s order.
227 (3) The court shall give cases in which the enforcement of
228 an ordinance is suspended under this section priority over other
229 pending cases and shall render a preliminary or final decision
230 on the validity of the ordinance as expeditiously as possible.
231 (4) The signature of an attorney or a party constitutes a
232 certificate that he or she has read the pleading, motion, or
233 other paper and that, to the best of his or her knowledge,
234 information, and belief formed after reasonable inquiry, it is
235 not interposed for any improper purpose, such as to harass or to
236 cause unnecessary delay, or for economic advantage, competitive
237 reasons, or frivolous purposes or needless increase in the cost
238 of litigation. If a pleading, motion, or other paper is signed
239 in violation of these requirements, the court, upon its own
240 initiative or upon favorably ruling on a party’s motion for
241 sanctions, must impose upon the person who signed it, a
242 represented party, or both, an appropriate sanction, which may
243 include an order to pay to the other party or parties the amount
244 of reasonable expenses incurred because of the filing of the
245 pleading, motion, or other paper, including reasonable attorney
246 fees.
247 (5) This section does not apply to:
248 (a) Ordinances required for compliance with federal or
249 state law or regulation;
250 (b) Ordinances relating to the issuance or refinancing of
251 debt;
252 (c) Ordinances relating to the adoption of budgets or
253 budget amendments, including revenue sources necessary to fund
254 the budget;
255 (d) Ordinances required to implement a contract or an
256 agreement, including, but not limited to, any federal, state,
257 local, or private grant, or other financial assistance accepted
258 by a county government;
259 (e) Emergency ordinances;
260 (f) Ordinances relating to procurement; or
261 (g) Ordinances enacted to implement the following:
262 1. Part II of chapter 163, relating to growth policy,
263 county and municipal planning, and land development regulation,
264 including zoning, development orders, development agreements,
265 and development permits;
266 2. Sections 190.005 and 190.046;
267 3. Section 553.73, relating to the Florida Building Code;
268 or
269 4. Section 633.202, relating to the Florida Fire Prevention
270 Code.
271 (6) The court may award attorney fees and costs and damages
272 as provided in s. 57.112.
273 Section 5. Effective upon becoming a law, paragraph (d) is
274 added to subsection (3) of section 166.041, Florida Statutes,
275 and paragraph (a) of that subsection is amended, to read:
276 166.041 Procedures for adoption of ordinances and
277 resolutions.—
278 (3)(a) Except as provided in paragraphs paragraph (c) and
279 (d), a proposed ordinance may be read by title, or in full, on
280 at least 2 separate days and shall, at least 10 days prior to
281 adoption, be noticed once in a newspaper of general circulation
282 in the municipality. The notice of proposed enactment shall
283 state the date, time, and place of the meeting; the title or
284 titles of proposed ordinances; and the place or places within
285 the municipality where such proposed ordinances may be inspected
286 by the public. The notice shall also advise that interested
287 parties may appear at the meeting and be heard with respect to
288 the proposed ordinance.
289 (d) Consideration of the proposed ordinance at a meeting
290 properly noticed pursuant to this subsection may be continued to
291 a subsequent meeting if, at the meeting, the date, time, and
292 place of the subsequent meeting is publicly stated. No further
293 publication, mailing, or posted notice as required under this
294 subsection is required, except that the continued consideration
295 must be listed in an agenda or similar communication produced
296 for the subsequent meeting. This paragraph is remedial in
297 nature, is intended to clarify existing law, and shall apply
298 retroactively.
299 Section 6. Present subsections (4) through (8) of section
300 166.041, Florida Statutes, are redesignated as subsections (5)
301 through (9), respectively, and a new subsection (4) is added to
302 that section, to read:
303 166.041 Procedures for adoption of ordinances and
304 resolutions.—
305 (4)(a) Before the enactment of a proposed ordinance, the
306 governing body of a municipality shall prepare or cause to be
307 prepared a business impact estimate in accordance with this
308 subsection. The business impact estimate must be posted on the
309 municipality’s website no later than the date the notice of
310 proposed enactment is published pursuant to paragraph (3)(a) and
311 must include all of the following:
312 1. A summary of the proposed ordinance, including a
313 statement of the public purpose to be served by the proposed
314 ordinance, such as serving the public health, safety, morals,
315 and welfare of the municipality.
316 2. An estimate of the direct economic impact of the
317 proposed ordinance on private, for-profit businesses in the
318 municipality, including the following, if any:
319 a. An estimate of direct compliance costs that businesses
320 may reasonably incur if the ordinance is enacted;
321 b. Identification of any new charge or fee on businesses
322 subject to the proposed ordinance, or for which businesses will
323 be financially responsible; and
324 c. An estimate of the municipality’s regulatory costs,
325 including an estimate of revenues from any new charges or fees
326 that will be imposed on businesses to cover such costs.
327 3. A good faith estimate of the number of businesses likely
328 to be impacted by the ordinance.
329 4. Any additional information the governing body determines
330 may be useful.
331 (b) This subsection may not be construed to require a
332 municipality to procure an accountant or other financial
333 consultant to prepare the business impact estimate required by
334 this subsection.
335 (c) This subsection does not apply to:
336 1. Ordinances required for compliance with federal or state
337 law or regulation;
338 2. Ordinances relating to the issuance or refinancing of
339 debt;
340 3. Ordinances relating to the adoption of budgets or budget
341 amendments, including revenue sources necessary to fund the
342 budget;
343 4. Ordinances required to implement a contract or an
344 agreement, including, but not limited to, any federal, state,
345 local, or private grant, or other financial assistance accepted
346 by a municipal government;
347 5. Emergency ordinances;
348 6. Ordinances relating to procurement; or
349 7. Ordinances enacted to implement the following:
350 a. Part II of chapter 163, relating to growth policy,
351 county and municipal planning, and land development regulation,
352 including zoning, development orders, development agreements,
353 and development permits;
354 b. Sections 190.005 and 190.046;
355 c. Section 553.73, relating to the Florida Building Code;
356 or
357 d. Section 633.202, relating to the Florida Fire Prevention
358 Code.
359 Section 7. Section 166.0411, Florida Statutes, is created
360 to read:
361 166.0411 Legal challenges to certain recently enacted
362 ordinances.—
363 (1) A municipality must suspend enforcement of an ordinance
364 that is the subject of an action challenging the ordinance’s
365 validity on the grounds that it is expressly preempted by the
366 State Constitution or by state law or is arbitrary or
367 unreasonable if:
368 (a) The action was filed with the court no later than 90
369 days after the adoption of the ordinance;
370 (b) The plaintiff requests suspension in the initial
371 complaint or petition, citing this section; and
372 (c) The municipality has been served with a copy of the
373 complaint or petition.
374 (2) When the plaintiff appeals a final judgment finding
375 that an ordinance is valid and enforceable, the municipality may
376 enforce the ordinance 45 days after the entry of the order
377 unless the plaintiff obtains a stay of the lower court’s order.
378 (3) The court shall give cases in which the enforcement of
379 an ordinance is suspended under this section priority over other
380 pending cases and shall render a preliminary or final decision
381 on the validity of the ordinance as expeditiously as possible.
382 (4) The signature of an attorney or a party constitutes a
383 certificate that he or she has read the pleading, motion, or
384 other paper and that, to the best of his or her knowledge,
385 information, and belief formed after reasonable inquiry, it is
386 not interposed for any improper purpose, such as to harass or to
387 cause unnecessary delay, or for economic advantage, competitive
388 reasons, or frivolous purposes or needless increase in the cost
389 of litigation. If a pleading, motion, or other paper is signed
390 in violation of these requirements, the court, upon its own
391 initiative or upon favorably ruling on a party’s motion for
392 sanctions, must impose upon the person who signed it, a
393 represented party, or both, an appropriate sanction, which may
394 include an order to pay to the other party or parties the amount
395 of reasonable expenses incurred because of the filing of the
396 pleading, motion, or other paper, including reasonable attorney
397 fees.
398 (5) This section does not apply to:
399 (a) Ordinances required for compliance with federal or
400 state law or regulation;
401 (b) Ordinances relating to the issuance or refinancing of
402 debt;
403 (c) Ordinances relating to the adoption of budgets or
404 budget amendments, including revenue sources necessary to fund
405 the budget;
406 (d) Ordinances required to implement a contract or an
407 agreement, including, but not limited to, any federal, state,
408 local, or private grant, or other financial assistance accepted
409 by a municipal government;
410 (e) Emergency ordinances;
411 (f) Ordinances relating to procurement; or
412 (g) Ordinances enacted to implement the following:
413 1. Part II of chapter 163, relating to growth policy,
414 county and municipal planning, and land development regulation,
415 including zoning, development orders, development agreements,
416 and development permits;
417 2. Sections 190.005 and 190.046;
418 3. Section 553.73, relating to the Florida Building Code;
419 or
420 4. Section 633.202, relating to the Florida Fire Prevention
421 Code.
422 (6) The court may award attorney fees and costs and damages
423 as provided in s. 57.112.
424 Section 8. Subsection (5) of section 163.2517, Florida
425 Statutes, is amended to read:
426 163.2517 Designation of urban infill and redevelopment
427 area.—
428 (5) After the preparation of an urban infill and
429 redevelopment plan or designation of an existing plan, the local
430 government shall adopt the plan by ordinance. Notice for the
431 public hearing on the ordinance must be in the form established
432 in s. 166.041(3)(c)2. for municipalities, and s. 125.66(5)(b)2.
433 s. 125.66(4)(b)2. for counties.
434 Section 9. Paragraph (a) of subsection (3) of section
435 163.3181, Florida Statutes, is amended to read:
436 163.3181 Public participation in the comprehensive planning
437 process; intent; alternative dispute resolution.—
438 (3) A local government considering undertaking a publicly
439 financed capital improvement project may elect to use the
440 procedures set forth in this subsection for the purpose of
441 allowing public participation in the decision and resolution of
442 disputes. For purposes of this subsection, a publicly financed
443 capital improvement project is a physical structure or
444 structures, the funding for construction, operation, and
445 maintenance of which is financed entirely from public funds.
446 (a) Before Prior to the date of a public hearing on the
447 decision on whether to proceed with the proposed project, the
448 local government shall publish public notice of its intent to
449 decide the issue according to the notice procedures described by
450 s. 125.66(5)(b)2. s. 125.66(4)(b)2. for a county or s.
451 166.041(3)(c)2.b. for a municipality.
452 Section 10. Paragraph (a) of subsection (4) of section
453 163.3215, Florida Statutes, is amended to read:
454 163.3215 Standing to enforce local comprehensive plans
455 through development orders.—
456 (4) If a local government elects to adopt or has adopted an
457 ordinance establishing, at a minimum, the requirements listed in
458 this subsection, the sole method by which an aggrieved and
459 adversely affected party may challenge any decision of local
460 government granting or denying an application for a development
461 order, as defined in s. 163.3164, which materially alters the
462 use or density or intensity of use on a particular piece of
463 property, on the basis that it is not consistent with the
464 comprehensive plan adopted under this part, is by an appeal
465 filed by a petition for writ of certiorari filed in circuit
466 court no later than 30 days following rendition of a development
467 order or other written decision of the local government, or when
468 all local administrative appeals, if any, are exhausted,
469 whichever occurs later. An action for injunctive or other relief
470 may be joined with the petition for certiorari. Principles of
471 judicial or administrative res judicata and collateral estoppel
472 apply to these proceedings. Minimum components of the local
473 process are as follows:
474 (a) The local process must make provision for notice of an
475 application for a development order that materially alters the
476 use or density or intensity of use on a particular piece of
477 property, including notice by publication or mailed notice
478 consistent with the provisions of ss. 125.66(5)(b)2. and 3. and
479 166.041(3)(c)2.b. and c. ss. 125.66(4)(b)2. and 3. and
480 166.041(3)(c)2.b. and c., and must require prominent posting at
481 the job site. The notice must be given within 10 days after the
482 filing of an application for a development order; however,
483 notice under this subsection is not required for an application
484 for a building permit or any other official action of local
485 government which does not materially alter the use or density or
486 intensity of use on a particular piece of property. The notice
487 must clearly delineate that an aggrieved or adversely affected
488 person has the right to request a quasi-judicial hearing before
489 the local government for which the application is made, must
490 explain the conditions precedent to the appeal of any
491 development order ultimately rendered upon the application, and
492 must specify the location where written procedures can be
493 obtained that describe the process, including how to initiate
494 the quasi-judicial process, the timeframes for initiating the
495 process, and the location of the hearing. The process may
496 include an opportunity for an alternative dispute resolution.
497 Section 11. Paragraph (c) of subsection (1) of section
498 376.80, Florida Statutes, is amended to read:
499 376.80 Brownfield program administration process.—
500 (1) The following general procedures apply to brownfield
501 designations:
502 (c) Except as otherwise provided, the following provisions
503 apply to all proposed brownfield area designations:
504 1. Notification to department following adoption.—A local
505 government with jurisdiction over the brownfield area must
506 notify the department, and, if applicable, the local pollution
507 control program under s. 403.182, of its decision to designate a
508 brownfield area for rehabilitation for the purposes of ss.
509 376.77-376.86. The notification must include a resolution
510 adopted by the local government body. The local government shall
511 notify the department, and, if applicable, the local pollution
512 control program under s. 403.182, of the designation within 30
513 days after adoption of the resolution.
514 2. Resolution adoption.—The brownfield area designation
515 must be carried out by a resolution adopted by the
516 jurisdictional local government, which includes a map adequate
517 to clearly delineate exactly which parcels are to be included in
518 the brownfield area or alternatively a less-detailed map
519 accompanied by a detailed legal description of the brownfield
520 area. For municipalities, the governing body shall adopt the
521 resolution in accordance with the procedures outlined in s.
522 166.041, except that the procedures for the public hearings on
523 the proposed resolution must be in the form established in s.
524 166.041(3)(c)2. For counties, the governing body shall adopt the
525 resolution in accordance with the procedures outlined in s.
526 125.66, except that the procedures for the public hearings on
527 the proposed resolution must shall be in the form established in
528 s. 125.66(5)(b) s. 125.66(4)(b).
529 3. Right to be removed from proposed brownfield area.—If a
530 property owner within the area proposed for designation by the
531 local government requests in writing to have his or her property
532 removed from the proposed designation, the local government must
533 shall grant the request.
534 4. Notice and public hearing requirements for designation
535 of a proposed brownfield area outside a redevelopment area or by
536 a nongovernmental entity. Compliance with the following
537 provisions is required before designation of a proposed
538 brownfield area under paragraph (2)(a) or paragraph (2)(c):
539 a. At least one of the required public hearings must shall
540 be conducted as closely as is reasonably practicable to the area
541 to be designated to provide an opportunity for public input on
542 the size of the area, the objectives for rehabilitation, job
543 opportunities and economic developments anticipated,
544 neighborhood residents’ considerations, and other relevant local
545 concerns.
546 b. Notice of a public hearing must be made in a newspaper
547 of general circulation in the area, must be made in ethnic
548 newspapers or local community bulletins, must be posted in the
549 affected area, and must be announced at a scheduled meeting of
550 the local governing body before the actual public hearing.
551 Section 12. Paragraph (a) of subsection (3) of section
552 497.270, Florida Statutes, is amended to read:
553 497.270 Minimum acreage; sale or disposition of cemetery
554 lands.—
555 (3)(a) If the property to be sold, conveyed, or disposed of
556 under subsection (2) has been or is being used for the permanent
557 interment of human remains, the applicant for approval of such
558 sale, conveyance, or disposition must shall cause to be
559 published, at least once a week for 4 consecutive weeks, a
560 notice meeting the standards of publication set forth in s.
561 125.66(5)(b)2. s. 125.66(4)(b)2. The notice must shall describe
562 the property in question and the proposed noncemetery use and
563 must shall advise substantially affected persons that they may
564 file a written request for a hearing pursuant to chapter 120,
565 within 14 days after the date of last publication of the notice,
566 with the department if they object to granting the applicant’s
567 request to sell, convey, or dispose of the subject property for
568 noncemetery uses.
569 Section 13. Paragraph (a) of subsection (2) of section
570 562.45, Florida Statutes, is amended to read:
571 562.45 Penalties for violating Beverage Law; local
572 ordinances; prohibiting regulation of certain activities or
573 business transactions; requiring nondiscriminatory treatment;
574 providing exceptions.—
575 (2)(a) Nothing contained in the Beverage Law may shall be
576 construed to affect or impair the power or right of any county
577 or incorporated municipality of the state to enact ordinances
578 regulating the hours of business and location of place of
579 business, and prescribing sanitary regulations therefor, of any
580 licensee under the Beverage Law within the county or corporate
581 limits of such municipality. However, except for premises
582 licensed on or before July 1, 1999, and except for locations
583 that are licensed as restaurants, which derive at least 51
584 percent of their gross revenues from the sale of food and
585 nonalcoholic beverages, pursuant to chapter 509, a location for
586 on-premises consumption of alcoholic beverages may not be
587 located within 500 feet of the real property that comprises a
588 public or private elementary school, middle school, or secondary
589 school unless the county or municipality approves the location
590 as promoting the public health, safety, and general welfare of
591 the community under proceedings as provided in s. 125.66(5) s.
592 125.66(4), for counties, and s. 166.041(3)(c), for
593 municipalities. This restriction may shall not, however, be
594 construed to prohibit the issuance of temporary permits to
595 certain nonprofit organizations as provided for in s. 561.422.
596 The division may not issue a change in the series of a license
597 or approve a change of a licensee’s location unless the licensee
598 provides documentation of proper zoning from the appropriate
599 county or municipal zoning authorities.
600 Section 14. Subsection (1) of section 847.0134, Florida
601 Statutes, is amended to read:
602 847.0134 Prohibition of adult entertainment establishment
603 that displays, sells, or distributes materials harmful to minors
604 within 2,500 feet of a school.—
605 (1) Except for those establishments that are legally
606 operating or have been granted a permit from a local government
607 to operate as adult entertainment establishments on or before
608 July 1, 2001, an adult entertainment establishment that sells,
609 rents, loans, distributes, transmits, shows, or exhibits any
610 obscene material, as described in s. 847.0133, or presents live
611 entertainment or a motion picture, slide, or other exhibit that,
612 in whole or in part, depicts nudity, sexual conduct, sexual
613 excitement, sexual battery, sexual bestiality, or
614 sadomasochistic abuse and that is harmful to minors, as
615 described in s. 847.001, may not be located within 2,500 feet of
616 the real property that comprises a public or private elementary
617 school, middle school, or secondary school unless the county or
618 municipality approves the location under proceedings as provided
619 in s. 125.66(5) s. 125.66(4) for counties or s. 166.041(3)(c)
620 for municipalities.
621 Section 15. The Legislature finds and declares that this
622 act fulfills an important state interest.
623 Section 16. Except as otherwise expressly provided in this
624 act and except for this section, which shall take effect upon
625 becoming a law, this act shall take effect October 1, 2023.