Business Impact Estimates
In July 2023, a legislative act called CS/SB 170 was passed and it concerns the enactment and contestation of local ordinances. The process of local governments passing ordinances is affected by it and those who challenge them are given certain additional rights. Prior to passing an ordinance, counties and cities are required to generate a "business impact estimate," with exceptions, according to the bill. Certain information needs to be included in the estimate that must be published on the local government's website, such as the purpose of the proposed ordinance, estimated economic impact on businesses, and compliance costs. Certain conditions are imposed on lawsuits that 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. The bill contains a finding of important state interest.
The above information was provided by the Florida Senate. If you are interested in learning more about CS/SB 170 (F.S. 166.041), please click here.
The City of Avon Park will provide Business Impact Estimates for all ordinances, presented during a public hearing on the second reading, after October 1st. You can review the estimates provided below. If you have questions, please contact the Office of the City Manager, at (863) 452-4405, or by emailing the City Clerk at chardman@avonpark.city.
