No. CS/CS/HB 105
Filed under Local Government.
Local Government Enforcement Actions; Prohibits certain enforcement actions by counties & municipalities; authorizes persons or business entities subject to such actions to submit request for review; requires counties & municipalities to review such actions & respond within specified time period; requires counties & municipalities to establish & maintain rules; authorizes filing of legal action & providing legal remedies in certain circumstances; requires that such action be filed within specified time period; provides for certain protections from retaliation; authorizes filing of certain complaints in specified circumstances; provides for preemption.
Plain English Summary
AI-GENERATEDA new law lets anyone facing a county or municipal enforcement action -- an inspection, citation, permit denial, or similar order -- sue if a court finds the action arbitrary, unreasonable, and unauthorized by any ordinance.
Before suing, the target must first request an internal review; the government has 30 days to respond in writing, and must adopt written rules for handling these requests.
Winning plaintiffs get attorney fees, up to $50,000 in damages per incident, and can get a court order stopping the government's action -- and this becomes the only legal route for such a challenge.
Government employees, including building officials and fire marshals, who report an arbitrary enforcement action in good faith are protected from retaliation under the state's whistleblower law.
AICovers almost any regulatory act by a county or municipality -- inspections, citations, permit denials, interpretations -- but excludes proprietary activities, law enforcement, employment actions, procurement, budgeting, and actions applied equally to everyone.
AIA county or municipality, including its employees, may not initiate or threaten an enforcement action that a court later finds arbitrary or unreasonable and not authorized by any ordinance -- creating a private right of action that did not exist before.
AIA court that finds an enforcement action arbitrary or unreasonable must award the prevailing plaintiff attorney fees and costs, may award up to $50,000 in actual damages per occurrence, and may enjoin the government from continuing the action.
AIThis process becomes the sole legal avenue for challenging an arbitrary or unreasonable enforcement action, and any local ordinance or rule that conflicts with it -- including existing appeal procedures -- is void to that extent.
AIAnyone facing an enforcement action can demand a review; the government must respond in writing within 30 days, and must adopt standing rules for handling these review requests, or the requester may go straight to court.
AIA person or employee who reports, in good faith, an arbitrary or unreasonable enforcement action cannot be retaliated against and is covered by the state Whistle-blower's Act; a prevailing plaintiff may also file a formal whistleblower complaint.