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Florida Florida Statutes

§ 166.0411 — Legal challenges to certain recently enacted ordinances

FS § 166.0411Ch. 166

Statute text

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(1)A municipality must suspend enforcement of an ordinance that is the subject of an action challenging the ordinance's validity on the grounds that it is expressly preempted by the State Constitution or by state law or is arbitrary or unreasonable if:(a) The action was filed with the court no later than 90 days after the adoption of the ordinance;
(b)The plaintiff requests suspension in the initial complaint or petition, citing this section; and
(c)The municipality has been served with a copy of the complaint or petition.
(2)When the plaintiff appeals a final judgment finding that an ordinance is valid and enforceable, the municipality may enforce the ordinance 45 days after the entry of the order unless the plaintiff obtains a stay of the lower court's order.
(3)The court shall give cases in which the enforcement of an ordinance is suspended under this section priority over other pending cases and shall render a preliminary or final decision on the validity of the ordinance as expeditiously as possible.

Legislative history

s. 7, ch. 2023-309.