Getting a building project through a Florida city is often complicated, and the project could get killed because of an arbitrary local ordinance that was ridiculous and overburdensome.
Not anymore, Bill SB 170 (HB 1515) Local Ordinances, sponsored by Republican Representative Robbie Brackett, protects Florida businesses from excessive local government regulations by allowing a court to award attorney fees, costs, and damages for successfully challenging a local ordinance.
SB 170 gives citizens and businesses the tools to challenge local government’s authority. Elected officials in every municipality will scream “home rule” when they catch wind of this new law, but home rule is only as good as those ruling.
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According to the majority office, this new law prohibits a county or municipality from enforcing an ordinance subject to challenge. Additionally, local governments must consider the economic impact of proposed ordinances on local businesses by preparing a “business impact estimate” before adopting specific local ordinances. It also clarifies public notice requirements to allow properly noticed consideration of a proposed ordinance to continue to a subsequent meeting under certain circumstances without further publication, mailing, or posted notice.
I am proud of the work that we did to set some guidelines for citizens to obtain reasonable relief from unreasonable regulations that infringe on individual liberty, said State Rep Robbie Brackett to Jolt.
Local governments have the authority to pass ordinances, but they should not have the power to create local tyranny without the possibility of being challenged. Our bill sets a balance in place to protect all who may be affected by a local ordinance and provide some guidelines that local governments should consider before acting impetuously. This is entirely in line with our identity as the Free State of Florida.
There are exceptions to ordinances that may be challenged. The majority office says the bill does not apply to a local law relating to growth management, the Florida Building Code, the Florida Fire Prevention Code, budgeting, or contracts. Further, an amendment to an ordinance enacted after October 1, 023, gives rise to a claim under this section only to the extent that the application of the amendatory language is the cause of the claim.
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Do not expect to get filthy rich off of fighting an ordinance. The cap for how a citizen or business can recover is fifty thousand dollars, but the business impact estimate will be enough to irritate your local city council members. The estimate must include a summary of the proposed ordinance, including a statement of the public purpose it serves; an assessment of compliance costs and the direct economic impact of the proposed ordinance on business; a reasonable faith estimate of the number of companies likely to be impacted by the ordinance; and any additional information that the county or municipality determines may be useful.
This bill benefits local businesses because it empowers them to challenge unreasonable regulations. All Floridians benefit from this because the bill promotes local economies, allowing us to succeed.
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