The passing of local ordinances is a very broad legislative power the governing body of a county or municipality can enact. Generally, this power is executed as a measure to promote the health, safety welfare, and quality of life of the residents. Local ordinances can vary from speed limits, zoning, government structure, and/or noise issues with the local governing body. The Florida Statue Chapter 166.041 – Procedures for adoption of ordinances and resolutions, provides the following statutory requirements for adoption of ordinances and resolutions.
“2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection.
(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.
(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a).”
In addition to the Florida Statue Chapter 166.041, the Florida Legislature pass SB170 – Local Ordinances which has been signed into law last week. The bill will take effect October 1, 2023. This bill “requires counties and cities to produce a “business impact estimate” prior to passing an ordinance, with exceptions. The estimate must be published on the local government’s website and include certain information, such as the proposed ordinance’s purpose, estimated economic impact on businesses, and compliance costs. Additionally, the bill imposes certain conditions on lawsuits brought by any party to challenge the legal validity of local ordinances as preempted by state law, arbitrary, or unreasonable. In these cases, the bill: Requires the local government to suspend enforcement of an ordinance of such legal challenge, under certain circumstances. Requires the court to give those cases in which enforcement of the ordinance is suspended priority over other pending cases and render a preliminary or final decision as expeditiously as possible. Provides that a court may award up to $50,000 in attorney fees to a prevailing plaintiff who successfully challenges an ordinance as arbitrary or unreasonable.”
These statutory procedures and laws are implemented to ensure that the citizens of the community are well informed of any proposed local ordinances or resolutions which are being considered for adoption by the local governing body. Please be informed of the community issues and the process for their adoption and implementation. You do have the inalienable rights of life, liberty, and the pursuit of happiness. Happy Birthday America!!!!! I will leave you with that thought and conclude this week’s The Straight Truth With Mary Ann Hutton.