– SB 170 allows legal challenges to be made against city and county ordinances if they are believed to be preempted by state law or if they are considered arbitrary or unreasonable.
– The law requires the suspension of enforcement of an ordinance if a legal challenge is filed within 90 days of its adoption, and the plaintiff requests suspension in their initial lawsuit complaint.
– The suspension of enforcement lasts until 45 days after the court’s order, unless the plaintiff appeals and obtains a stay of enforcement. Certain types of ordinances are exempt from the stay of enforcement provision. – SB 170 gives priority to cases challenging local ordinances over other court cases.
– The bill allows courts to award up to $50,000 in attorney fees and costs to plaintiffs who successfully challenge a local ordinance.
– Counties and cities must produce a “business impact estimate” before passing ordinances, which includes a summary of the proposed ordinance and an estimate of its economic impact on private for-profit businesses.
https://www.jimersonfirm.com/blog/2023/10/new-florida-law-provides-avenue-to-challenge-enforcement-of-local-government-ordinances/
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