CS/CS/HB 105 full text · Session Watch

1 A bill to be entitled

2 An act relating to local government enforcement

3 actions; creating ss. 125.676 and 166.0413, F.S.;

4 providing legislative findings and intent; defining

5 the terms "county" and "enforcement action";

6 prohibiting certain enforcement actions by counties

7 and municipalities; authorizing persons or business

8 entities subject to such actions to submit a request

9 for review; requiring counties and municipalities to

10 review such actions and respond within a specified

11 time period; requiring counties and municipalities to

12 establish and maintain rules; authorizing filing of

13 legal action and providing legal remedies in certain

14 circumstances; requiring that such action be filed

15 within a specified time period; providing for certain

16 protections from retaliation; authorizing filing of

17 certain complaints in specified circumstances;

18 providing for preemption; providing an effective date.

20 Be It Enacted by the Legislature of the State of Florida:

22 Section 1. Section 125.676, Florida Statutes, is created

23 to read:

24 125.676 Local Government Regulatory Accountability Act.—

25 (1) LEGISLATIVE FINDINGS AND INTENT.—

26 (a) The Legislature finds that the economic vitality of

27 this state depends on fair, consistent, and transparent

28 enforcement of local government and special district

29 regulations.

30 (b) The Legislature further finds that arbitrary or

31 unreasonable enforcement action by a local government or special

32 district, or employees thereof, may impede economic growth,

33 increase costs for housing and business development, and

34 undermine public trust.

35 (c) It is the intent of the Legislature to establish a

36 uniform standard for regulatory enforcement and create an

37 investigative process and certain legal remedies for a person or

38 business entity subject to an enforcement action under this

39 section.

40 (2) DEFINITIONS.—As used in this section, the term:

41 (a) "County" means a county's elected governing body or a

42 county employee, including a county building official or fire

43 marshal.

44 (b) "Enforcement action" means any decision,

45 determination, demand, inspection, citation, order, denial,

46 interpretation, or any other regulatory action undertaken by a

47 county; however, the term does not include proprietary

48 activities by a county; law enforcement actions; workers'

49 compensation actions; employment or personnel actions;

50 procurement; franchises; budget adoption or amendment, including

51 revenue sources necessary to fund the budget; emergency actions,

52 debt issuance or refinancing; actions or decisions that apply

53 equally to all similarly situated persons; or reasonable

54 interpretations of existing rules, ordinances, resolutions,

55 general law, or regulations.

56 (3) ACTION PROHIBITED.—A county, including employees

57 thereof, may not initiate or threaten to initiate any

58 enforcement action that is determined by a court of competent

59 jurisdiction to be arbitrary or unreasonable and not authorized

60 by an ordinance.

61 (4) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—

62 (a) Any person or business entity subject to an

63 enforcement action may submit a request for review of such

64 action. Within 30 days after receipt of a request for review,

65 the county must review the enforcement action and send to the

66 person or business entity making such request a written

67 response.

68 (b) If a county fails to review and respond to a request

69 within the designated time period under paragraph (a), the

70 person or business entity subject to an enforcement action may

71 file a legal action under subsection (5).

72 (c) Each county shall establish and maintain rules

73 addressing the review of enforcement actions under this

74 subsection.

75 (5) LEGAL ACTION AND REMEDIES.—

76 (a) A person or business entity subject to an enforcement

77 action by a county may file in a court of competent jurisdiction

78 a legal action to determine whether such action is arbitrary or

79 unreasonable and not authorized by an ordinance. Such action

80 must be filed within 180 days after the enforcement action. For

81 purposes of this subsection, an enforcement action is arbitrary

82 or unreasonable if the action:

83 1. Is not supported by applicable law, rule, or adopted

84 policy;

85 2. Deviates from a prior determination or interpretation

86 without written justification;

87 3. Unreasonably delays or obstructs lawful development,

88 permitting, or other business activity; or

89 4. Imposes requirements or conditions not authorized by

90 general law, ordinance, or regulation.

91 (b) Upon finding that an enforcement action is arbitrary

92 or unreasonable and not authorized by an ordinance, the court

93 shall:

94 1. Award reasonable attorney fees and costs to the

95 prevailing plaintiff.

96 2. Award actual damages not to exceed $50,000 per

97 occurrence.

98 3. Issue injunctive relief to immediately restrain or

99 enjoin the county, including employees thereof, from engaging in

100 any action in violation of this section.

101 (6) WHISTLE-BLOWER PROTECTION.—

102 (a) Any person or employee who discloses in good faith

103 information under this section relating to an arbitrary or

104 unreasonable enforcement action is not subject to retaliation

105 and is afforded protection under the Whistle-blower's Act.

106 (b) A prevailing plaintiff in a legal action under

107 subsection (5) may file a complaint in accordance with s.

108 112.31895.

109 (7) PREEMPTION.—This section is the sole authority for

110 challenges to arbitrary or unreasonable enforcement actions by a

111 county, including employees thereof. Any local ordinance, rule,

112 regulation, or other local policy that prohibits or restricts a

113 county, including employees thereof, from complying with this

114 section, or any rules adopted under this section, is void to the

115 extent of the conflict.

116 Section 2. Section 166.0413, Florida Statutes, is created

117 to read:

118 166.0413 Local Government Regulatory Accountability Act.—

119 (1) LEGISLATIVE FINDINGS AND INTENT.—

120 (a) The Legislature finds that the economic vitality of

121 this state depends on fair, consistent, and transparent

122 enforcement of local government and special district

123 regulations.

124 (b) The Legislature further finds that arbitrary or

125 unreasonable enforcement action by a local government or special

126 district, or employees thereof, may impede economic growth,

127 increase costs for housing and business development, and

128 undermine public trust.

129 (c) It is the intent of the Legislature to establish a

130 uniform standard for regulatory enforcement and create an

131 investigative process and certain legal remedies for a person or

132 business entity subject to an enforcement action under this

133 section.

134 (2) DEFINITION.—As used in this section, the term

135 "enforcement action" means any decision, determination, demand,

136 inspection, citation, order, denial, interpretation, or any

137 other regulatory action undertaken by a municipality or

138 employees thereof. However, the term does not include

139 proprietary activities by a municipality; law enforcement

140 actions; workers' compensation actions; employment or personnel

141 actions; procurement; franchises; budget adoption or amendment,

142 including revenue sources necessary to fund the budget;

143 emergency actions; debt issuance or refinancing; actions or

144 decisions that apply equally to all similarly situated persons;

145 or reasonable interpretations of existing rules, ordinances,

146 resolutions, general law, or regulations.

147 (3) ACTION PROHIBITED.—A municipality, including employees

148 thereof, may not initiate or threaten to initiate any

149 enforcement action that is determined by a court of competent

150 jurisdiction to be arbitrary or unreasonable and not authorized

151 by an ordinance.

152 (4) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—

153 (a) Any person or business entity subject to an

154 enforcement action may submit a request for review of such

155 action. Within 30 days after receipt of a request for review,

156 the municipality must review the enforcement action and send to

157 the person or business entity making such request a written

158 response.

159 (b) If a municipality fails to review and respond to a

160 request within the designated time period under paragraph (a),

161 the person or business entity subject to an enforcement action

162 may file a legal action under subsection (5).

163 (c) Each municipality shall establish and maintain rules

164 addressing the review of enforcement actions under this

165 subsection.

166 (5) LEGAL ACTION AND REMEDIES.—

167 (a) A person or business entity subject to an enforcement

168 action by a municipality may file in a court of competent

169 jurisdiction a legal action to determine whether such action is

170 arbitrary or unreasonable and not authorized by an ordinance.

171 Such action must be filed within 180 days after the enforcement

172 action. For purposes of this subsection, an enforcement action

173 is arbitrary or unreasonable if the action:

174 1. Is not supported by applicable law, rule, or adopted

175 policy;

176 2. Deviates from a prior determination or interpretation

177 without written justification;

178 3. Unreasonably delays or obstructs lawful development,

179 permitting, or other business activity; or

180 4. Imposes requirements or conditions not authorized by

181 general law, ordinance, or regulation.

182 (b) Upon finding that an enforcement action is arbitrary

183 or unreasonable and not authorized by an ordinance, the court

184 shall:

185 1. Award reasonable attorney fees and costs to the

186 prevailing plaintiff.

187 2. Award actual damages not to exceed $50,000 per

188 occurrence.

189 3. Issue injunctive relief to immediately restrain or

190 enjoin the municipality, including employees thereof, from

191 engaging in any action in violation of this section.

192 (6) WHISTLE-BLOWER PROTECTION.—

193 (a) Any person or employee who discloses in good faith

194 information under this section relating to an arbitrary or

195 unreasonable enforcement action is not subject to retaliation

196 and is afforded protection under the Whistle-blower's Act.

197 (b) A prevailing plaintiff in a legal action under

198 subsection (5) may file a complaint in accordance with s.

199 112.31895.

200 (7) PREEMPTION.—This section is the sole authority for

201 challenges to arbitrary or unreasonable enforcement actions by a

202 municipality, including employees thereof. Any local ordinance,

203 rule, regulation, or other local policy that prohibits or

204 restricts a municipality, including employees thereof, from

205 complying with this section, or any rules adopted under this

206 section, is void to the extent of the conflict.

207 Section 3. This act shall take effect October 1, 2026.