Title: Local Government Actions

Summary: Revises applicability provisions for enactment or adoption of & legal challenges to county & municipal ordinances.

Full Text:
An act relating to local government actions; amending ss. 125.66, 125.675, 166.041, and 166.0411 F.S.; revising applicability provisions for the enactment or adoption of and legal challenges to county and municipal ordinances, respectively; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (c) of subsection (3) of section 125.66, Florida Statut es, is amended to read: 125.66 Ordinances; enactment procedure; emergency ordinances; rezoning or change of land use ordinances or resolutions.-(3) (c) This subsection does not apply to: 1. Ordinances required for compliance with federal or state law or regulation; 2. Ordinances relating to the issuance or refinancing of debt; 3. Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a con tract or an CS/HB 1547 2024 agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a county government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, Development orders and development permits, as those terms are defined in s. 163.3164, an d, development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243 and development permits;b. Sections 190.005 and 190.046; c. Section 553.73, relating to the Florida Building Code; or d. Section 633.202, relating to the Florida Fire Prevention Code. Section 2. Subsection (5) of section 125.675, Florida Statutes, is amended to read: 125.675 Legal challenges to certain recently enacted ordinances.-(5) This section does not apply to: (a) Ordinances required for compliance with federal or state law or regulation; CS/HB 1547 2024 (b) Ordinances relating to the issuance or refinancing of debt; (c) Ordinances relating to the adoption of budgets or budget amendments, including revenue sources ne cessary to fund the budget; (d) Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a county government; (e) Emergency ordina nces; (f) Ordinances relating to procurement; or (g) Ordinances enacted to implement the following: 1. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, Development or ders and development permits, as those terms are defined in s. 163.3164, and,development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243 and development permits;2. Sections 190.005 and.046; 3. Section 553.73, relating to the Florida Building Code; or 4. Section 633.202, relating to the Florida Fire Prevention Code. Section 3. Paragraph (c) of subsection (4) of section CS/HB 1547 2024 166.041, Florida Statutes, is amended to read: 166.041 Proc edures for adoption of ordinances and resolutions.-(4) (c) This subsection does not apply to: 1. Ordinances required for compliance with federal or state law or regulation; 2. Ordinances relating to the issuance or refinancing of debt; 3. Ordinan ces relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 4. Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private gra nt, or other financial assistance accepted by a municipal government; 5. Emergency ordinances; 6. Ordinances relating to procurement; or 7. Ordinances enacted to implement the following: a. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, Development orders and development permits, as those terms are defined in s. 163.3164, and,development agreements, as authorized by the Florida Local Government Development Agreeme nt Act under ss. 163.3220-163.3243 and CS/HB 1547 2024 development permits;b. Sections 190.005 and 190.046; c. Section 553.73, relating to the Florida Building Code; or d. Section 633.202, relating to the Florida Fire Prevention Code. Section 4. Subsection (5) of section 166.0411, Florida Statutes, is amended to read: 166.0411 Legal challenges to certain recently enacted ordinances.-(5) This section does not apply to: (a) Ordinances required for compliance with federal or state law or regulation; (b) Ordinances relating to the issuance or refinancing of debt; (c) Ordinances relating to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; (d) Ordinances required to implement a contract or an agreement, including, but not limited to, any federal, state, local, or private grant, or other financial assistance accepted by a municipal government; (e) Emergency ordinances; (f) Ordinances relating to procurement; or (g) Ordinanc es enacted to implement the following: CS/HB 1547 2024 1. Part II of chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, Development orders and development permits, as those terms are defined in s. 3.3164, and,development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220-163.3243 and development permits;2. Sections 190.005 and 190.046; 3. Section 553.73, relating to the Florida Building Code; or 4. Section 633.202, relating to the Florida Fire Prevention Code. Section 5. This act shall take effect October 1, 2024.