House committee supports bill making it easier for people to fight local government decisions

A House Subcommittee unanimously OKed a bill that creates a new way for disgruntled people or businesses to fight local governments’ decisions, which could lead to a rise in lawsuits against cities and counties.

A former Mayor himself, Rep. Robbie Brackett said his HB 105 is intended to make sure local government plays by its own rules.

The House Civil Justice and Claims Subcommittee backed his bill Wednesday with little debate and no one in the public spoke out against it before the 16-0 vote.

“The Legislature finds that the economic vitality of this state depends on fair, consistent, and transparent enforcement of local government and special district regulations,” the amended bill said. “The Legislature further finds that arbitrary or unreasonable enforcement action by a local government or special district … may impede economic growth, increase costs for housing and business development, and undermine public trust.”

The legislation said that if a local government’s decision, demand, citation, denial, or “any other regulatory action undertaken by a county,” is “unreasonable or arbitrary” and not defined in local ordinances, then those opposed to it could request a review. Local government would be required to respond in writing within 30 days.

If local governments ignore the request, they could be sued, according to the bill, which also said people could turn to the courts to determine whether the local government’s actions were arbitrary or unreasonable. If they win, the bill caps actual damages at $50,000 and allows plaintiffs to recover legal fees, as well as injunctive relief to stop the local government’s move.

Brackett complained local governments like to “slow roll things.”

He said his bill “gives citizens the path to request review, receive timely responses, and if necessary seek relief when government does not follow its rules.”

The bill also creates whistleblower protection for employees who speak out about “arbitrary or unreasonable enforcement.”

In an op-ed, Brackett said his lawsuit was meant to help “the little guy.”

The House staff analysis warned the bill could face a “significant increase in litigation” for local governments and expose them to financial liability for the payment of damages awardable under the bill.”

The bill, backed by the Florida Chamber of Commerce, could help private businesses, the staff analysis also found. 

“The bill may have a positive fiscal impact on the private sector to the extent that it encourages local governments to act on decisions involving the public more expediently and to not take any action with respect to those decisions that is arbitrary or unreasonable,” the analysis said.

As far as what the local disputes could be about, Brackett’s bill said it could be anything, such as a local government’s demand, decision, citation, denial, or “any other regulatory action undertaken by a county.”

Some matters to be contested would be off-limits and exempt under the bill, such as local government actions on law enforcement, workers’ compensation and employment personnel, as well as procurement, franchises, budget adoption, emergency actions, debt issuance or refinancing, the bill said.

“HB 105 restores accountability. This bill creates a clear, fair process requiring local governments to explain and justify by enforcement actions that they are alleged to be arbitrary or unreasonable,” Brackett said, who complained that the lobbyists representing Florida’s cities and counties had met with him over his bill and worked with him on an amendment before telling him at the last-minute they opposed it.

“The problem is stakeholders representing local governments are slow rolling you just like the local governments do,” the Vero Beach Republican told the House Subcommittee.