Florida SB 588: Conservation Area Designations/Kristin Jacobs Coral Reef Ecosystem Conservation Area

Bill Text

588 
Local Government Enforcement Actions 
2025-11-19T06:35:35Z 
Prohibiting certain enforcement actions by counties, municipalities, and special districts, respectively; defining the term “enforcement action”; requiring counties, municipalities, and special districts, respectively, to establish and maintain rules; authorizing filing of legal action and providing legal remedies in certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-10-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 588 

 By Senator McClain 

 9-00461-26 2026588__ 
 1 A bill to be entitled 
 2 An act relating to local government enforcement 
 3 actions; creating ss. 125.676, 166.0413, and 189.0645, 
 4 F.S.; providing legislative findings and intent; 
 5 prohibiting certain enforcement actions by counties, 
 6 municipalities, and special districts, respectively; 
 7 defining the term “enforcement action”; authorizing 
 8 persons or business entities subject to such actions 
 9 to submit a request for review; requiring counties, 
 10 municipalities, and special districts, respectively, 
 11 to review such actions and respond within a specified 
 12 time period; requiring counties, municipalities, and 
 13 special districts, respectively, to establish and 
 14 maintain rules; authorizing filing of legal action and 
 15 providing legal remedies in certain circumstances; 
 16 requiring that such action be filed within a specified 
 17 time period; providing for certain protections from 
 18 retaliation; authorizing filing of certain complaints 
 19 in specified circumstances; providing for preemption; 
 20 providing an effective date. 
 21 
 22 Be It Enacted by the Legislature of the State of Florida: 
 23 
 24 Section 1. Section 125.676, Florida Statutes, is created to 
 25 read: 
 26 125.676 Local Government Regulatory Accountability Act.— 
 27 (1) LEGISLATIVE FINDINGS AND INTENT.— 
 28 (a) The Legislature finds that the economic vitality of 
 29 this state depends on fair, consistent, and transparent 
 30 enforcement of local government and special district 
 31 regulations. 
 32 (b) The Legislature further finds that arbitrary or 
 33 unreasonable enforcement action by a local government or special 
 34 district, or employees thereof, may impede economic growth, 
 35 increase costs for housing and business development, and 
 36 undermine public trust. 
 37 (c) It is the intent of the Legislature to establish a 
 38 uniform standard for regulatory enforcement and create an 
 39 investigative process and certain legal remedies for a person or 
 40 business entity subject to an enforcement action under this 
 41 section. 
 42 (2) ACTION PROHIBITED.—A county, including employees 
 43 thereof, may not initiate or threaten to initiate any 
 44 enforcement action that is determined to be arbitrary or 
 45 unreasonable by a court of competent jurisdiction. For purposes 
 46 of this section, an “enforcement action” means any decision, 
 47 determination, demand, inspection, citation, order, denial, 
 48 interpretation, or any other regulatory action undertaken by a 
 49 county or employees thereof. 
 50 (3) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.— 
 51 (a) Any person or business entity subject to an enforcement 
 52 action may submit to the county a request for review of such 
 53 action. Within 30 days after receipt of a request for review, 
 54 the county must review the enforcement action and send to the 
 55 person or business entity making such request a written 
 56 response. 
 57 (b) If a county fails to review and respond to a request 
 58 within the designated time period under paragraph (a), the 
 59 person or business entity subject to an enforcement action may 
 60 file a legal action under subsection (4). 
 61 (c) Each county shall establish and maintain rules 
 62 addressing the review of enforcement actions under this 
 63 subsection. 
 64 (4) LEGAL ACTION AND REMEDIES.— 
 65 (a) A person or business entity subject to an enforcement 
 66 action by a county may file a legal action in a court of 
 67 competent jurisdiction to determine whether such action is 
 68 arbitrary or unreasonable. Such legal action must be filed 
 69 within 180 days after the enforcement action. For purposes of 
 70 this subsection, an enforcement action is arbitrary or 
 71 unreasonable if the action: 
 72 1. Is not supported by applicable law, rule, or adopted 
 73 policy; 
 74 2. Deviates from a prior determination or interpretation 
 75 without written justification; 
 76 3. Unreasonably delays or obstructs lawful development, 
 77 permitting, or other business activity; or 
 78 4. Imposes requirements or conditions not authorized by 
 79 general law, ordinance, or regulation. 
 80 (b) Upon finding that an enforcement action is arbitrary or 
 81 unreasonable, the court shall: 
 82 1. Award reasonable attorney fees and costs to the 
 83 prevailing plaintiff. 
 84 2. Award actual damages not to exceed $50,000 per 
 85 occurr