We highly doubt that rogue local government regulators are roaming Florida, coming down like a ton of unjust bricks on the head of poor, persecuted developers.
But you might be tempted to think that after getting a glimpse at House Bill 105, filed last week by Rep. Robert Brackett, R-34.
The bill, titled “Local Government Actions,” proposes that any person or business that is the subject of a local government “enforcement action” thought to be “arbitrary or unreasonable: can appeal that determination. The local government has 30 days to review the case and issue a written response. If local officials miss that deadline, the person or company cited can sue. And if they win, they can be awarded up to $50,000, plus court/attorney fees.
So what constitutes an “arbitrary or unreasonable” enforcement action? The legislation doesn’t specify, other than saying that it would be determined by “a court of competent jurisdiction.” But, among the things that could get the enforcement action labeled as such is any citation that “unreasonably delays or obstructs lawful development, permitting, or other business activity.”
In other words: Forget about these “violations” and issue the building permits, Mr. Local Regulator. Or we’ll haul you into court.
This is consistent with legislation filed and passed in recent years targeting pesky citizens who dare stand in the way of the Florida development juggernaut; this bill goes after the governments. It’s clearly an attempt to intimidate local regulators and put them back on their heels, and make them reluctant to enforce the rules.
We’ll be following this bill closely this session, speaking out — and helping you do the same.
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