The Florida House appears poised to give final approval to a controversial bill that could lead to businesses filing lawsuits against cities and counties if ordinances cause lost profits.
House Republicans on Tuesday rejected amendments proposed by Democrats and positioned the bill (SB 620) for a vote as soon as Wednesday. The Senate voted 22-14 to approve the bill in January.
The bill, which has drawn heavy attention from local governments, would allow businesses to sue cities and counties if ordinances cause at least 15 percent losses of profits. It would apply to businesses that have been in operation for at least three years and allow them to file lawsuits seeking lost profits for seven years or the number of years the businesses have been in operation, whichever is less.
Proposed Senate bill would allow businesses to block local ordinances
Proposed Senate bill would allow businesses to block local ordinances
By Jim Turner, NSF
Orlando Area News
Local governments would be shielded from lawsuits about ordinances related to such things as complying with state and federal laws and complying with the Florida Building Code and the Fire Prevention Code.
But House Democrats on Tuesday raised questions about scenarios such as bars suing local governments because noise ordinances hurt their businesses.
“I have a lot of cities concerned about noise ordinances,” Rep. Ben Diamond, D-St. Petersburg, said.
Florida cities could face lawsuits if future ordinances affect businesses’ revenue
Florida cities could face lawsuits if future ordinances affect businesses’ revenue
By Jim Saunders, News Service of Florida
Orlando Area News
But House bill sponsor Lawrence McClure, R-Dover, expressed doubt that a noise ordinance would reduce a business’ profits by 15 percent. Also, he pointed to what is known as an “opportunity to cure” in the bill that would give local governments time to repeal or revamp ordinances to avoid liability.
Minority Leader Evan Jenne, D-Dania Beach, proposed an amendment that would have shielded local governments from lawsuits filed by businesses over ordinances “intended to promote, enable or facilitate animal welfare” — a proposal he said stemmed from local government attempts to prevent puppy mills.
“My amendment has one goal, to not allow the state of Florida to retreat from this fight,” Jenne said.
But House members voted 69-46 to reject the amendment.
Rep. Angie Nixon, D-Jacksonville, also proposed an amendment that would have made the state subject to lawsuits if the Legislature passed measures that damage businesses. As an example, she cited a newly passed bill that opponents have said could damage the rooftop-solar industry.
“Let these businesses sue the state and get damages, too,” she said.
But McClure said the bill was always about local governments, not the state, and Nixon’s proposed amendment was rejected in a voice vote.
Supporters have dubbed the proposal the “Local Business Protection Act,” with Senate President Wilton Simpson, R-Trilby, saying in January that it could help end what are known as preemption bills in the Legislature. Such bills involve the state taking power away from local governments on specific issues.
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