Item P05 P5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: P5
2023-1617
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
AGENDA ITEM WORDING: Discussion regarding Senate Bill 170, which amended Florida Statute
125.66 during the 2023 Legislative session, requiring the County to prepare a Business Impact Estimate
prior to considering an Ordinance, with certain exceptions.
ITEM BACKGROUND:
Beginning October 1, 2023, F.S. 125.66(3)(a) now requires counties to draft a "business impact
estimate"prior to passing an ordinance, with exceptions. The estimate must be published on the local
government's website no later than the date the notice of proposed enactment is published. The business
impact estimate must include the following:
• A summary of the proposed ordinance, including a statement of the public purpose to be served
by the proposed ordinance;
• An estimate of the direct economic impact of the proposed ordinance on private for-profit
businesses in the county including:
o An estimate of direct compliance costs for businesses;
o Identification of new charges and fees for businesses; and
o An estimate of the county's regulatory costs.
• A good faith estimate of the number of businesses likely impacted; and
• Any additional information deemed useful.
• A business impact estimate is not required for the following types of ordinances:
• A proposed ordinance which is required for compliance with Federal or State law or
regulation;
• A proposed ordinance which relates to the issuance or refinancing of debt;
o A proposed ordinance which relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
o A proposed ordinance is 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 the county government;
o Emergency ordinances;
o A proposed ordinance relating to procurement; or
5069
o Ordinances which are enacted to implement the following:
■ Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning, development
orders, development agreements and development permits;
■ Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
■ Section 553.73, Florida Statutes, relating to the Florida Building Code; or
■ Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
The bill specifies that this requirement is not to be construed to require a county or city to procure an
accountant or other financial consultant in preparing the estimate.
The County Attorney's office has drafted a proposed form for the use of staff in order to comply with
the new statutory requirements. Also attached is a spreadsheet which contains a review of all Monroe
County Ordinances brought before the BOCC within the last 5 years. The spreadsheet reviews the
applicability of the new statute to the different types of county ordinances that come before the BOCC.
In summary, over the past 5 years, the BOCC has adopted an average of 9 ordinances per year which
would require a business impact estimate had this new statutory requirement been in effect during that
time period.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
F.S. 125.66
Proposed Business Impact Estimate Form
SB 170 Ordinance Analysis
FINANCIAL IMPACT:
Discussion has no fiscal impact.
5070
125„66„0irdiiunaunce y eunactirn unt procedure; enter e ncy a�irdiiirnairnce ;.....,, 1PL.ST§ 125„66
KeyCite Yellow Flag-Negative Treatment
Proposed Legislation
West's Florida Statutes Annotated
Title XI.County Organization and Intergovernmental Relations(Chapters 124-164)(Refs&Annos)
Chapter 125.County Government(Refs&Annos)
Part IL Self-Government
West's F.S.A. § 125.66
125.66.Ordinances;enactment procedure;emergency ordinances;rezoning or change of land use ordinances or resolutions
Effective: October 1,2023
CUnre➢iwess
(1) In exercising the ordinance-making powers conferred by s. 1, Art. III of the State Constitution, counties shall adhere to
the procedures prescribed herein.
(2)(a)The regular enactment procedure is as follows:The board of county commissioners at any regular or special meeting may
enact or amend any ordinance, except as provided in subsection(5), if notice of intent to consider such ordinance is given at
least 10 days before such meeting by publication as provided in chapter 50. A copy of such notice must be kept available for
public inspection during the regular business hours of the office of the clerk of the board of county commissioners. The notice
of proposed enactment must state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the
place or places within the county where such proposed ordinances may be inspected by the public.The notice must also advise
that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
(b) Certified copies of ordinances or amendments thereto enacted under this regular enactment procedure shall be filed with
the Department of State by the clerk of the board of county commissioners within 10 days after enactment by said board and
shall take effect upon filing with the Department of State.However,any ordinance may prescribe a later effective date. In lieu
of delivery of the certified copies of the enacted ordinances or amendments by first-class mail,the clerk of the board of county
commissioners shall transmit the enacted ordinances or amendments to the department by e-mail.The department shall confirm
by e-mail the receipt and effective date of the ordinances or amendments with the clerk of the board of county commissioners.
(c)Whenever any ordinance has heretofore been enacted and a separate book of notices of intent was not kept by the clerk of
the board of county commissioners,but a copy of the notice of intent was available for public inspection during the regular
business hours of the clerk of the board of county commissioners, such ordinance is hereby validated.
(3)(a)Before the enactment of a proposed ordinance,the board of county commissioners shall prepare or cause to be prepared
a business impact estimate in accordance with this subsection. The business impact estimate must be posted on the county's
website no later than the date the notice of proposed enactment is published pursuant to paragraph(2)(a)and must include all
of the following:
1. A summary of the proposed ordinance,including a statement of the public purpose to be served by the proposed ordinance,
such as serving the public health, safety,morals,and welfare of the county.
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125„66„Oirdiiirnairnce y eunactirn unt procedure; eirn er eirnoy oirdiiirnairnce ;.....,, 1RL ST§ 125„66
2.An estimate of the direct economic impact of the proposed ordinance on private,for-profit businesses in the county,including
the following,if any:
a. An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted.
b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be
financially responsible.
c. An estimate of the county's regulatory costs, including an estimate of revenues from any new charges or fees that will be
imposed on businesses to cover such costs.
3. A good faith estimate of the number of businesses likely to be impacted by the ordinance.
4. Any additional information the board determines may be useful.
(b)This subsection may not be construed to require a county to procure an accountant or other financial consultant to prepare
the business impact estimate required by this subsection.
(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 orbudget 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
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,development agreements,and development permits;
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125„66„Oirdiiunaunoe y eunactirn unt procedure; enter eirncy a�irdiiirnairnce ;.....,, 1RL.ST§ 125„66
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.
(4) The emergency enactment procedure shall be as follows: The board of county commissioners at any regular or special
meeting may enact or amend any ordinance with a waiver of the notice requirements of subsection(2)by a four-fifths vote
of the membership of such board, declaring that an emergency exists and that the immediate enactment of said ordinance is
necessary.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 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. Certified copies of ordinances or amendments thereto enacted under this emergency enactment procedure by a county
shall be filed with the Department of State by the clerk of the board of county commissioners as soon after enactment by said
board as is practicable. An emergency ordinance enacted under this procedure shall be transmitted by the clerk of the board of
county commissioners by e-mail to the Department of State. It shall be deemed to be filed and shall take effect when a copy
has been accepted and confirmed by the department by e-mail.
(5)Ordinances or resolutions,initiated by other than the county,that change the actual zoning map designation of a parcel or
parcels of land shall be enacted pursuant to subsection(2). Ordinances or resolutions that change the actual list of permitted,
conditional, or prohibited uses within a zoning category, or ordinances or resolutions initiated by the county that change the
actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:
(a) In cases in which the proposed ordinance or resolution changes the actual zoning map designation for a parcel or parcels
of land involving less than 10 contiguous acres,the board of county commissioners,in addition to following the general notice
requirements of subsection(2), shall direct its clerk to notify by mail each real property owner whose land the governmental
agency will redesignate by enactment of the ordinance or resolution and whose address is known by reference to the latest ad
valorem tax records.The notice shall state the substance of the proposed ordinance or resolution as it affects that property owner
and shall set a time and place for one or more public hearings on such ordinance or resolution. Such notice shall be given at least
30 days prior to the date set for the public hearing,and a copy of such notice shall be kept available for public inspection during
the regular business hours of the office of the clerk of the board of county commissioners.The board of county commissioners
shall hold a public hearing on the proposed ordinance or resolution and may,upon the conclusion of the hearing,immediately
adopt the ordinance or resolution.
(b)In cases in which the proposed ordinance or resolution changes the actual list of permitted,conditional,or prohibited uses
within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous
acres or more,the board of county commissioners shall provide for public notice and hearings as follows:
1. The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At
least one hearing shall be held after 5 p.m. on a weekday, unless the board of county commissioners,by a majority plus one
vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day
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125„66„Oirdiiunaunce y eunactirn unt procedure; enter eirncy a�irdiiirnairnce y,,,,,,, 1RL.ST§ 125„66
that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be
advertised at least 5 days prior to the public hearing.
2.If published in the print edition of a newspaper,the required advertisements shall be no less than 2 columns wide by 10 inches
long in a standard size or a tabloid size newspaper,and the headline in the advertisement shall be in a type no smaller than 18
point.The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements
appear.The advertisement shall be placed in a newspaper in the county and of general interest and readership in the community
pursuant to chapter 50.It is the legislative intent that,whenever possible,the advertisement shall appear in a newspaper that is
published at least weekly unless the only newspaper in the community is published less than weekly. The advertisement shall
be in substantially the following form:
NOTICE OF(TYPE OF) CHANGE
The (name of local governmental unit)proposes to adopt the following by ordinance or resolution: (title of ordinance or
resolution) .
A public hearing on the ordinance or resolution will be held on (date and time) at (meeting place) .
Except for amendments which change the actual list of permitted,conditional,or prohibited uses within a zoning category,the
advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by
the proposed ordinance or resolution.The map shall include major street names as a means of identification of the general area.
If published in the print edition of the newspaper,the map must be part of any online notice made pursuant to s. 50.0211.
3. In lieu of publishing the advertisements set out in this paragraph,the board of county commissioners may mail a notice to
each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the
proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the
proposed ordinance or resolution.
(6)Five years after the adoption of any ordinance or resolution adopted after the effective date of this act,no cause of action shall
be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained
in this section.After 5 years,substantial compliance with the provisions contained in this section shall be a defense to an action
to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation,
the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or
resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the
adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be
limited to aperson who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted.Nothing
herein shall be construed to affect the standing requirements under part 11 of chapter 163.
(7)The notice procedures required by this section are established as minimum notice procedures.
(8) Consideration of the proposed county ordinance or county resolution at a properly noticed meeting may be continued to
a subsequent meeting if, at the scheduled meeting, the date, time, and place of the subsequent meeting is publicly stated. No
further publication,mailing,or posted notice as required under this section is required,except that the continued consideration
must be listed in an agenda or similar communication produced for the subsequent meeting. This subsection is remedial in
nature,is intended to clarify existing law,and shall apply retroactively.
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125„66„Oirdiiirnairnce y eunaoiirnneuni procedure; eirnneir eirnoy oirdiiirnairnce y,,,,,,, FIL ST§ 125„66
Credits
Laws 1969,c.69-32, § 1;Laws 1969,c.69-106, §§ 10,35;Laws 1970,c.70-422, § 1;Laws 1976,c.76-155, § 1;Laws 1977,
c. 77-331, § 1;Laws 1959,c. 59-267, § 1. Amended by Laws 1990, c. 90-452, § 1, eff. Oct. 1, 1990;Laws 1995,c. 95-495, §
1,eff. Rine 9, 1995;Laws 1995,c. 95-310, § 2,elf.Rine 15, 1995; (Laws 2012,c. 2012-212, §4,eff.Juuly 1,2012;Laws 2013,
c. 2013-492, § 3, eff. Oct. 1, 2013;Laws 2021, c. 2021-47, § 13, eff. Jan. 1, 2022;Laws 2023, c. 2023-2, § 13, eff. June 29,
2023; (Laws 2023,c. 2023-309, §2,eff. July 1,2023;Laws 2023,c. 2023-309, § 3,eff. Oct. 1,2023.
Notes of Decisions(37)
West's F. S. A. § 125.66,FL ST§ 125.66
Current with laws,joint and concurrent resolutions and memorials through July 4, 2023, in effect from the 2023 Special B
Session and the 2023 first regular session. Some statute sections may be more current, see credits for details. The statutes are
subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.)
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BUSINESS IMPACT ESTIMATE'
Meeting Date:
The Proposed Ordinance❑does ❑does not fall under one of the following enumerated exceptions:?
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is 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 the
county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal
planning, and land development regulation, including zoning, development orders,
development agreements and development permits;
b. Sections 190.005 and 190.046,Florida Statutes,regarding community development districts;
c. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
d. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served:
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
b. New Charges/Fees on Businesses Impacted:
c. Estimate of Regulatory Costs:
Good Faith Estimate of Number of Businesses Likely Impacted:
Any Additional Information:
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2023)
5076
ordinance no. Fiscal Statement Required Reason for exemption (if applicable)
001-2023 N ordinance for compliance with state law
002-2023 N ordinance for compliance with state law
003-2023 Y
004-2023 Y
005-2023 N Procurement exception
006-2023 Y
007-2023 Y
008-2023 Y
009-2023 Y
010-2023 N Zoning exception
5077
ordinance no. Fiscal Statement Required Reason for exemption (if applicable)
001-2022 N Land development regulation exception
002-2022 N ordinance for compliance with state law
003-2022 N Zoning Exception
004-2022 Y
005-2022 N ordinance for compliance with state law
006-2022 N Land development regulation exception
007-2022 Y
008-2022 Y
009-2022 Y
010-2022 Y
011-2022 Y
012-2022 Y
013-2022 N ordinance for compliance with state law
014-2022 Y
015-2022 N Land development regulation exception
016-2022 N Land development regulation exception
017-2022 N Zoning Exception
018-2022 Y
019-2022 Y
020-2022 Y
021-2022 N County Planning Exception
022-2022 N County Planning Exception
023-2022 N Zoning Exception
024-2022 N Zoning Exception
025-2022 N Zoning Exception
026-2022 N ordinance for compliance with federal regulations
027-2022 N ordinance for compliance with federal regulations
028-2022 N ordinance for compliance with federal regulations
029-2022 N Growth Policy Exception
030-2022 N Growth Policy Exception
031-2022 Y
5078
ordinance no. Fiscal Statement Required Reason for exemption (if applicable)
001-2021 N Land development regulation exception
002-2021 Y
003-2021 Y
004-2021 N ordinance for compliance with state law
Land development regulation exception
005-2021 N ordinance for complying with state law
006-2021 N Land development regulation exception
007-2021 Y
008-2021 N ordinance for compliance with state law
009-2021 N ordinance for compliance with state law
010-2021 Y
011-2021 Y Land development regulation exception
012-2021 Y
013-2021 Y
014-2021 Y
015-2021 Y
016-2021 Y
017-2021 Y
018-2021 Y
019-2021 N Fire prevention code exception
020-2021 Y
021-2021 Y
022-2021 Y
023-2021 Y
024-2021 N Land development regulation exception
025-2021 Y
026-2021 Y
027-2021 Y
5079
ordinance no. Fiscal Statement Required Reason for exemption (if applicable)
001-2020 Y
002-2020 Y
003-2020 N Land development regulation exception
004-2020 N Zoning exception
005-2020 N Land development regulation exception
006-2020 N Land development regulation exception
007-2020 N Land development regulation exception
008-2020 Y
009-2020 N Zoning exception
010-2020 N Land development regulation exception
011-2020 N ordinance for compliance with state law
012-2020 N Zoning exception
013-2020 N Fire prevention code exception
014-2020 Y
015-2020 N ordinance for compliance with state law
016-2020 N Land development regulation exception
017-2020 N ordinance for compliance with state law
018-2020 N Part II Ch. 163 Exception
019-2020 Y
020-2020 Y
021-2020 N Land development regulation exception
022-2020 Y
023-2020 N Emergency ordinance exception
024-2020 Y
025-2020 N Emergency ordinance exception
026-2020 Y
027-2020 N Emergency ordinance exception
028-2020 Y
029-2020 Y
030-2020 N Land development regulation exception
031-2020 N Land development regulation exception
032-2020 Y
033-2020 N Zoning exception
034-2020 N Zoning exception
035-2020 N Land development regulation exception
036-2020 N Land development regulation exception
037-2020 N Land development regulation exception
038-2020 Y
039-2020 Y
5080
ordinance no. Fiscal Statement Required Reason for exemption (if applicable)
001-2019 N Land development regulation exception
002-2019 N Zoning exception
003-2019 N Zoning exception
004-2019 N Zoning exception
005-2019 N Zoning exception
006-2019 N Zoning exception
007-2019 Y
008-2019 Y
009-2019 N Land development regulation exception
010-2019 N Emergency ordinance exception
011-2019 Y
012-2019 Y
013-2019 Y
014-2019 N Land development regulation exception
015-2019 N Land development regulation exception
016-2019 N Zoning exception
017-2019 Y
018-2019 N Land development regulation exception
019-2019 N Land development regulation exception
020-2019 N Zoning exception
021-2019 N Zoning exception
022-2019 Y
023-2019 Y
024-2019 N Land development regulation exception
025-2019 N Land development regulation exception
026-2019 N Land development regulation exception
027-2019 N Land development regulation exception
028-2019 N Zoning exception
029-2019 N Zoning exception
030-2019 N Land development regulation exception
031-2019 N Zoning exception
032-2019 Y
033-2019 Y
034-2019 Y
035-2019 Y
036-2019 N Zoning exception
037-2019 N Zoning exception
038-2019 N Zoning exception
039-2019 N Land development regulation exception
5081