Florida HB 105: Regulation of Smoking by Counties and Municipalities

Bill Text

CS/CS/HB 105 2026

CODING: Words stricken are deletions; words underlined are additions.
hb105-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to local government enforcement 2
actions; creating ss. 125.676 and 166.0413, F.S.; 3
providing legislative findings and intent; defining 4
the terms "county" and "enforcement action"; 5
prohibiting certain enforcement actions by counties 6
and municipalities; authorizing persons or business 7
entities subject to such actions to submit a request 8
for review; requiring counties and municipalities to 9
review such actions and respond within a specified 10
time period; requiring counties and municipalities to 11
establish and maintain rules; authorizing filing of 12
legal action and providing legal remedies in certain 13
circumstances; requiring that such action be filed 14
within a specified time period; providing for certain 15
protections from retaliation; authorizing filing of 16
certain complaints in specified circumstances; 17
providing for preemption; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 125.676, Florida Statutes, is created 22
to read: 23
125.676 Local Government Regulatory Accountability Act.— 24
(1) LEGISLATIVE FINDINGS AND INTENT.— 25

CS/CS/HB 105 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(a) The Legislature finds that the economic vitality of 26
this state depends on fair, consistent, and transparent 27
enforcement of local government and special district 28
regulations. 29
(b) The Legislature further finds that arbitrary or 30
unreasonable enforcement action by a local government or special 31
district, or employees thereof, may impede economic growth, 32
increase costs for housing and business development, and 33
undermine public trust. 34
(c) It is the intent of the Legislature to establish a 35
uniform standard for regulatory enforcement and create an 36
investigative process and certain legal remedies for a person or 37
business entity subject to an enforcement action under this 38
section. 39
(2) DEFINITIONS.—As used in this section, the term: 40
(a) "County" means a county's elected governing body or a 41
county employee, including a county building official or fire 42
marshal. 43
(b) "Enforcement action" means any decision, 44
determination, demand, inspection, citation, order, denial, 45
interpretation, or any other regulatory action undertaken by a 46
county; however, the term does not include proprietary 47
activities by a county; law enforcement actions; workers' 48
compensation actions; employment or personnel actions; 49
procurement; franchises; budget adoption or amendment, including 50

CS/CS/HB 105 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

revenue sources necessary to fund the budget; emergency actions, 51
debt issuance or refinancing; actions or decisions that apply 52
equally to all similarly situated persons; or reasonable 53
interpretations of existing rules, ordinances, resolutions, 54
general law, or regulations. 55
(3) ACTION PROHIBITED.—A county, including employees 56
thereof, may not initiate or threaten to initiate any 57
enforcement action that is determined by a court of competent 58
jurisdiction to be arbitrary or unreasonable and not authorized 59
by an ordinance. 60
(4) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.— 61
(a) Any person or business entity subject to an 62
enforcement action may submit a request for review of such 63
action. Within 30 days after receipt of a request for review, 64
the county must review the enforcement action and send to the 65
person or business entity making such request a written 66
response. 67
(b) If a county fails to review and respond to a request 68
within the designated time period under paragraph (a), the 69
person or business entity subject to an enforcement action may 70
file a legal action under subsection (5). 71
(c) Each county shall establish and maintain rules 72
addressing the review of enforcement actions under this 73
subsection. 74
(5) LEGAL ACTION AND REMEDIES.— 75

CS/CS/HB 105 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(a) A person or business entity subject to an enforcement 76
action by a county may file in a court of competent jurisdiction 77
a legal action to determine whether such action is arbitrary or 78
unreasonable and not authorized by an ordinance. Such action 79
must be filed within 180 days after the enforcement action. For 80
purposes of this subsection, an enforcement action is arbitrary 81
or unreasonable if the action: 82
1. Is not supported by applicable law, rule