THE BILL ITSELF
SB 840
Land Use Regulations for Local Governments Affected by Natural Disasters
Florida Senate - 2026 SB 840 By Senator DiCeglie 18-00753C-26 2026840__
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A bill to be entitled
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An act relating to land use regulations for local
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governments affected by natural disasters; amending s.
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252.422, F.S.; revising the definition of the term
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“impacted local government”; prohibiting impacted
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local governments from enforcing certain moratoriums,
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requiring the repair or reconstruction of certain
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improvements to meet certain requirements, or
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enforcing changes to specified procedures; revising
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circumstances under which impacted local governments
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may enforce certain amendments, site plans,
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development permits, or development orders; providing
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applicability; authorizing impacted local governments
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to require a property owner to provide specified
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documentation; deleting provisions related to filing
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suit against an impacted local government for
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injunctive relief; providing construction; deleting
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obsolete language; amending chapter 2025-190, Laws of
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Florida; revising the timeframe within which certain
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counties are prohibited from proposing or adopting
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certain moratoriums, amendments, or procedures;
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revising a future expiration date; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 252.422, Florida Statutes, is amended to
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read:
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252.422 Restrictions on county or municipal regulations
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after a hurricane.—
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(1) As used in this section, the term “impacted local
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government” means a county listed in a federal disaster
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declaration located entirely or partially within 50 100 miles of
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the track of a storm declared to be a hurricane by the National
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Hurricane Center while the storm was categorized as a hurricane
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and which was listed in a federal major disaster declaration
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pursuant to the Robert T. Stafford Disaster Relief and Emergency
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Assistance Act, 42 U.S.C. ss. 5121 et seq., or a municipality
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located within such a county.
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(2) For 1 year after a hurricane makes landfall in this
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state , an impacted local government may not propose or adopt :
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(a) Enforce a moratorium that prevents or delays the repair
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or on construction, reconstruction , or redevelopment of an
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existing improvement damaged by such hurricane, unless the
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moratorium is imposed for the purpose of addressing stormwater
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or flood water management, potable water supply, or necessary
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repairs to or replacement of sanitary sewer systems any
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property .
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(b) Require the repair or reconstruction of an existing
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improvement damaged by such hurricane to comply with an A more
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restrictive or burdensome amendment to its comprehensive plan or
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land development regulations which was first effective after
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such hurricane made landfall in this state .
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(c) Enforce a change to a more restrictive or burdensome
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procedure concerning review, approval, or issuance of a site
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plan, development permit, or development order, to the extent
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that those terms are defined in s. 163.3164 , which increases the
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timeframe for the impacted local government to take final action
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on such review, approval, or issuance and which is effective
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after such hurricane makes landfall in this state .
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(3) Notwithstanding subsection (2), a comprehensive plan
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amendment, land development regulation amendment, site plan,
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development permit, or development order approved or adopted by
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an impacted local government before or after June 26, 2025, may
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be enforced if:
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(a) The associated application is initiated by a private
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party other than the impacted local government and the property
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that is the subject of the application is owned by the
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initiating private party;
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(b) The proposed comprehensive plan amendment was submitted
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to reviewing agencies pursuant to s. 163.3184 before landfall;
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or
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(c) The proposed comprehensive plan amendment or land
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development regulation is approved by the state land planning
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agency for an area of critical state concern designated pursuant
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to chapter 380; pursuant to s. 380.05.
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(c) The adoption of the comprehensive plan amendment or
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land development regulation amendment is required to comply with
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state or federal law; or
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(d) The adoption of the comprehensive plan amendment or
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land development regulation implements a floodplain management
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standard consistent with 44 C.F.R. part 60, relating to the
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National Flood Insurance Program.
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(4) The prohibitions of paragraphs (2)(b) and (c) apply
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only to property damaged to such an extent that a permit is
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required for the repair or reconstruction of the existing
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improvement. An impacted local government may require a property
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owner to provide documentation demonstrating that the property
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was damaged by a hurricane, including, but not limited to,
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documents produced by property appraisers, insurers, or local
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building inspectors.
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(a) Any person may file suit against any impacted local
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government for declaratory and injunctive relief to enforce this
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section.
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(b) A county or municipality may request a determination by
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a court of competent jurisdiction as to whether such action
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violates this section. Upon such a request, the county or
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municipality may not enforce the action until the court has
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issued a preliminary or final judgment determining whether the
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action violates this section.
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(c) Before a plaintiff may file suit, the plaintiff shall
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notify the impacted local government by setting forth the facts
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upon which the complaint or petition is based and the reasons
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the impacted local government’s action violates this section.
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Upon receipt of the notice, the impacted local government shall
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have 14 days to withdraw or revoke the action at issue or
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otherwise declare it void. If the impacted local government does
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not withdraw or revoke the action at issue within the time
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prescribed, the plaintiff may file suit. The plaintiff shall be
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entitled to entry of a preliminary injunction to prevent the
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impacted local government from implementing the challenged
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action during pendency of the litigation. In any action
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instituted pursuant to this paragraph, the prevailing plaintiff
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shall be entitled to reasonable attorney fees and costs.
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(d) In any case brought under this section, all parties are
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entitled to the summary procedure provided in s. 51.011, and the
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court shall advance the cause on the calendar.
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(5) This section may not be construed to restrict a local
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government from adopting or enforcing changes to the Florida
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Building Code or local technical amendments adopted pursuant to
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s. 553.73(4) The Office of Program Policy Analysis and
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Government Accountability (OPPAGA) shall conduct a study on
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actions taken by local governments after hurricanes which are
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related to comprehensive plans, land development regulations,
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and procedures for review, approval, or issuance of site plans,
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permits, or development orders. The study must focus on the
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impact that local governmental actions, including moratoriums,
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ordinances, and procedures, have had or may have on
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construction, reconstruction, or redevelopment of any property
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damaged by hurricanes. In its research, OPPAGA shall survey
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stakeholders that play integral parts in the rebuilding and
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recovery process. OPPAGA shall make recommendations for
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legislative options to remove impediments to the construction,
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reconstruction, or redevelopment of any property damaged by a
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hurricane and prevent the implementation by local governments of
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burdensome or restrictive procedures and processes. OPPAGA shall
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submit the report to the President of the Senate and the Speaker
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of the House of Representatives by December 1, 2025 .
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Section 2. Section 28 of chapter 2025-190, Laws of Florida,
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is amended to read:
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Section 28. (1) Each county listed in the Federal Disaster
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Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
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4828), or Hurricane Milton (DR-4834), and each municipality
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within one of those counties, may not propose or adopt any
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moratorium on construction, reconstruction, or redevelopment of
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any property damaged by such hurricanes; propose or adopt more
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restrictive or burdensome amendments to its comprehensive plan
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or land development regulations; or propose or adopt more
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restrictive or burdensome procedures concerning review,
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approval, or issuance of a site plan, development permit, or
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development order, to the extent that those terms are defined by
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s. 163.3164, Florida Statutes, before June 30, 2026 October 1,
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2027 , and any such moratorium or restrictive or burdensome
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comprehensive plan amendment, land development regulation, or
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procedure shall be null and void ab initio. This subsection
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applies retroactively to August 1, 2024.
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(2) Notwithstanding subsection (1), any comprehensive plan
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amendment, land development regulation amendment, site plan,
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development permit, or development order approved or adopted by
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a county or municipality before or after the effective date of
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this act may be enforced if:
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(a) The associated application is initiated by a private
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party other than the county or municipality.
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(b) The property that is the subject of the application is
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owned by the initiating private party.
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(3)(a) A resident of or the owner of a business in a county
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or municipality may bring a civil action for declaratory and
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injunctive relief against the county or municipality for a
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violation of this section. Pending adjudication of the action
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and upon filing of a complaint showing a violation of this
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section, the resident or business owner is entitled to a
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preliminary injunction against the county or municipality
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preventing implementation of the moratorium or the comprehensive
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plan amendment, land development regulation, or procedure. If
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such civil action is successful, the resident or business owner
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is entitled to reasonable attorney fees and costs.
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(b) Attorney fees and costs and damages may not be awarded
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pursuant to this subsection if:
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1. The resident or business owner provides the governing
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body of the county or municipality written notice that a
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proposed or enacted moratorium, comprehensive plan amendment,
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land development regulation, or procedure is in violation of
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this section; and
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2. The governing body of the county or municipality
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withdraws the proposed moratorium, comprehensive plan amendment,
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land development regulation, or procedure within 14 days; or, in
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the case of an adopted moratorium, comprehensive plan amendment,
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land development regulation, or procedure, the governing body of
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a county or municipality notices an intent to repeal within 14
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days after receipt of the notice and repeals the moratorium,
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comprehensive plan amendment, land development regulation, or
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procedure within 14 days thereafter.
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(4) This section expires June 30, 2026 2028 .
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Section 3. This act shall take effect July 1, 2026.