HB0105 • 2026

Local Government Enforcement Actions

Budget Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Intergovernmental Affairs Subcommittee ; Civil Justice & Claims Subcommittee ; Brackett ; (CO-INTRODUCERS) Barnaby
Last action: 2026-03-13
Official status: Senate - Died in Rules
Effective date: 2026-10-01

Plain English Breakdown

The official text provided is truncated at Page 7, so details regarding specific complaint filing procedures under Section 166.0413(5) and (6) for municipalities could not be fully verified against the full bill text.

Local Government Enforcement Actions

This bill creates rules for how counties and cities in Florida must handle enforcement actions, including a process to review these actions and legal steps if they are found by a court to be unfair or not allowed.

What This Bill Does

Prohibits counties and municipalities from taking enforcement actions that courts find arbitrary, unreasonable, or not authorized by an ordinance.
Requires counties and cities to establish rules for reviewing complaints about their enforcement actions.
Allows people or businesses to ask for a review of an enforcement action; the government must respond in writing within 30 days.
Gives individuals the right to file a lawsuit if they believe an enforcement action was unfair, provided they do so within 180 days after the action occurs.
Orders courts to award attorney fees and up to $50,000 in damages per occurrence if a person wins a case against a local government for bad enforcement actions.

Who It Names or Affects

Counties and their employees, such as building officials or fire marshals.
Municipalities (cities) and their employees.
Individuals and business entities that receive citations, orders, or other regulatory actions from local governments.

Terms To Know

Enforcement action: A decision, order, citation, inspection, denial, or interpretation made by a county or city regarding rules. It does not include police work, hiring decisions, budget changes, emergency actions, debt issuance, or reasonable interpretations of existing laws.
Arbitrary or unreasonable: An action that is not supported by law, treats people differently without written reasons, delays business unfairly, or adds requirements not found in existing rules.

Limits and Unknowns

The bill does not apply to police actions, employment decisions, budget changes, emergency situations, debt issuance, proprietary activities, procurement, franchises, or reasonable interpretations of existing laws.
Legal action must be filed within 180 days after the enforcement action occurs; otherwise, this specific remedy may not be available.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

627161

Committee amendment H 105 Filed • Brackett

Adopted 1/21/2026

Plain English: This amendment creates a new state law that stops counties from taking unfair or unauthorized enforcement actions against people and businesses, while giving those affected the right to sue for money damages if rules are broken.

It bans county officials from starting any enforcement action that is arbitrary, unreasonable, or not allowed by local laws.
It requires counties to review complaints about their enforcement actions within 30 days and send a written response.
It allows people or businesses to sue in court if they believe an enforcement action was unfair, with cases needing to be filed within 180 days.
If a court finds the county acted unfairly, it must stop the action immediately and pay up to $50,000 plus legal fees.

The provided text is incomplete because Section 2 regarding cities was cut off before finishing.
The law only applies to counties in this specific section; it does not cover police work, emergency actions, or decisions that apply equally to everyone.
It is unclear exactly how a county must set up its internal review rules since the text says they just need to create them.

862713

Committee amendment H 105 c1 • Brackett

Adopted 1/28/2026

Plain English: This amendment removes the main body of the bill while updating its title to describe new laws that would limit local government enforcement actions against people or businesses.

Removes lines 209 through 299 from the original text, which deletes most of the detailed rules in the bill.
Updates the official title to state that the law creates two new sections (125.676 and 166.0413) in Florida Statutes.

The provided text cuts off before finishing the sentence about what persons or businesses are authorized to do.
Because lines 209-299 were removed, the specific rules for how local governments must review actions and respond within a time period cannot be explained from this document alone.

Bill History

2026-03-13 Senate
• Died in Rules
2026-02-26 Senate
• Referred to Rules • Received
2026-02-25 House
• Read 2nd time • Added to Third Reading Calendar • Read 3rd time • CS passed; YEAS 104, NAYS 5
2026-02-25 Senate
• In Messages
2026-02-19 House
• Bill added to Special Order Calendar (2/25/2026)
2026-02-10 House
• Favorable by Judiciary Committee • Reported out of Judiciary Committee • Bill released to House Calendar • Added to Second Reading Calendar
2026-02-06 House
• Added to Judiciary Committee agenda
2026-01-29 House
• Referred to Judiciary Committee • Now in Judiciary Committee
2026-01-28 House
• Favorable with CS by Intergovernmental Affairs Subcommittee • Reported out of Intergovernmental Affairs Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed • 1st Reading (Committee Substitute 2)
2026-01-26 House
• Added to Intergovernmental Affairs Subcommittee agenda
2026-01-22 House
• Referred to Intergovernmental Affairs Subcommittee • Referred to Judiciary Committee • Now in Intergovernmental Affairs Subcommittee • 1st Reading (Committee Substitute 1)
2026-01-21 House
• Favorable with CS by Civil Justice & Claims Subcommittee • Reported out of Civil Justice & Claims Subcommittee • Laid on Table under Rule 7.18(a) • CS Filed
2026-01-16 House
• Added to Civil Justice & Claims Subcommittee agenda
2026-01-13 House
• 1st Reading (Original Filed Version)
2025-10-14 House
• Referred to Civil Justice & Claims Subcommittee • Referred to Intergovernmental Affairs Subcommittee • Referred to Judiciary Committee • Now in Civil Justice & Claims Subcommittee
2025-10-07 House
• Filed

Official Summary Text

Local Government Enforcement Actions; Prohibits certain enforcement actions by counties & municipalities; authorizes persons or business entities subject to such actions to submit request for review; requires counties & municipalities to review such actions & respond within specified time period; requires counties & municipalities to establish & maintain rules; authorizes filing of legal action & providing legal remedies in certain circumstances; requires that such action be filed within specified time period; provides for certain protections from retaliation; authorizes filing of certain complaints in specified circumstances; provides for preemption.

Current Bill Text

Read the full stored 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

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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

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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

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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, or adopted 83
policy; 84
2. Deviates from a prior determination or interpretation 85
without written justification; 86
3. Unreasonably delays or obstructs lawful development, 87
permitting, or other business activity; or 88
4. Imposes requirements or conditions not authorized by 89
general law, ordinance, or regulation. 90
(b) Upon finding that an enforcement action is arbitrary 91
or unreasonable and not authorized by an ordinance, the court 92
shall: 93
1. Award reasonable attorney fees and costs to the 94
prevailing plaintiff. 95
2. Award actual damages not to exceed $50,000 per 96
occurrence. 97
3. Issue injunctive relief to immediately restrain or 98
enjoin the county, including employees thereof, from engaging in 99
any action in violation of this section. 100

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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

(6) WHISTLE-BLOWER PROTECTION.— 101
(a) Any person or employee who discloses in good faith 102
information under this section relating to an arbitrary or 103
unreasonable enforcement action is not subject to retaliation 104
and is afforded protection under the Whistle-blower's Act. 105
(b) A prevailing plaintiff in a legal action under 106
subsection (5) may file a complaint in accordance with s. 107
112.31895. 108
(7) PREEMPTION.—This section is the sole authority for 109
challenges to arbitrary or unreasonable enforcement actions by a 110
county, including employees thereof. Any local ordinance, rule, 111
regulation, or other local policy that prohibits or restricts a 112
county, including employees thereof, from complying with this 113
section, or any rules adopted under this section, is void to the 114
extent of the conflict. 115
Section 2. Section 166.0413, Florida Statutes, is created 116
to read: 117
166.0413 Local Government Regulatory Accountability Act.— 118
(1) LEGISLATIVE FINDINGS AND INTENT.— 119
(a) The Legislature finds that the economic vitality of 120
this state depends on fair, consistent, and transparent 121
enforcement of local government and special district 122
regulations. 123
(b) The Legislature further finds that arbitrary or 124
unreasonable enforcement action by a local government or special 125

CS/CS/HB 105 2026

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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

district, or employees thereof, may impede economic growth, 126
increase costs for housing and business development, and 127
undermine public trust. 128
(c) It is the intent of the Legislature to establish a 129
uniform standard for regulatory enforcement and create an 130
investigative process and certain legal remedies for a person or 131
business entity subject to an enforcement action under this 132
section. 133
(2) DEFINITION.—As used in this section, the term 134
"enforcement action" means any decision, determination, demand, 135
inspection, citation, order, denial, interpretation, or any 136
other regulatory action undertaken by a municipality or 137
employees thereof. However, the term does not include 138
proprietary activities by a municipality; law enforcement 139
actions; workers' compensation actions; employment or personnel 140
actions; procurement; franchises; budget adoption or amendment, 141
including revenue sources necessary to fund the budget; 142
emergency actions; debt issuance or refinancing; actions or 143
decisions that apply equally to all similarly situated persons; 144
or reasonable interpretations of existing rules, ordinances, 145
resolutions, general law, or regulations. 146
(3) ACTION PROHIBITED.—A municipality, including employees 147
thereof, may not initiate or threaten to initiate any 148
enforcement action that is determined by a court of competent 149
jurisdiction to be arbitrary or unreasonable and not authorized 150

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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

by an ordinance. 151
(4) PROCEDURES IN RESPONSE TO PROHIBITED ACTION.— 152
(a) Any person or business entity subject to an 153
enforcement action may submit a request for review of such 154
action. Within 30 days after receipt of a request for review, 155
the municipality must review the enforcement action and send to 156
the person or business entity making such request a written 157
response. 158
(b) If a municipality fails to review and respond to a 159
request within the designated time period under paragraph (a), 160
the person or business entity subject to an enforcement action 161
may file a legal action under subsection (5). 162
(c) Each municipality shall establish and maintain rules 163
addressing the review of enforcement actions under this 164
subsection. 165
(5) LEGAL ACTION AND REMEDIES.— 166
(a) A person or business entity subject to an enforcement 167
action by a municipality may file in a court of competent 168
jurisdiction a legal action to determine whether such action is 169
arbitrary or unreasonable and not authorized by an ordinance. 170
Such action must be filed within 180 days after the enforcement 171
action. For purposes of this subsection, an enforcement action 172
is arbitrary or unreasonable if the action: 173
1. Is not supported by applicable law, rule, or adopted 174
policy; 175

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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

2. Deviates from a prior determination or interpretation 176
without written justification; 177
3. Unreasonably delays or obstructs lawful development, 178
permitting, or other business activity; or 179
4. Imposes requirements or conditions not authorized by 180
general law, ordinance, or regulation. 181
(b) Upon finding that an enforcement action is arbitrary 182
or unreasonable and not authorized by an ordinance, the court 183
shall: 184
1. Award reasonable attorney fees and costs to the 185
prevailing plaintiff. 186
2. Award actual damages not to exceed $50,000 per 187
occurrence. 188
3. Issue injunctive relief to immediately restrain or 189
enjoin the municipality, including employees thereof, from 190
engaging in any action in violation of this section. 191
(6) WHISTLE-BLOWER PROTECTION.— 192
(a) Any person or employee who discloses in good faith 193
information under this section relating to an arbitrary or 194
unreasonable enforcement action is not subject to retaliation 195
and is afforded protection under the Whistle-blower's Act. 196
(b) A prevailing plaintiff in a legal action under 197
subsection (5) may file a complaint in accordance with s. 198
112.31895. 199
(7) PREEMPTION.—This section is the sole authority for 200

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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

challenges to arbitrary or unreasonable enforcement actions by a 201
municipality, including employees thereof. Any local ordinance, 202
rule, regulation, or other local policy that prohibits or 203
restricts a municipality, including employees thereof, from 204
complying with this section, or any rules adopted under this 205
section, is void to the extent of the conflict. 206
Section 3. This act shall take effect October 1, 2026. 207