DeSantis Gets Bill Allowing Businesses To Sue To Block Local Ordinances On LGBTQ Rights, Other Regulations

Florida Politics reports:

House members voted 82-33 along party lines for SB 170, a controversial measure that since its introduction last year has put advocates for local governance and home rule on edge. The bill is titled “Local Ordinances,” and that’s its target.

The bill, which would largely go into effect Oct. 1 after receiving Gov. Ron DeSantis’ signature, would enable businesses to sue county and city governments over policies they believe are “arbitrary or unreasonable.” While a court decides the legitimacy of that claim on a fast-tracked basis called “rocket docket,” the local government would have to halt enforcement of the ordinance in question.

If the plaintiff wins, governments would be on the hook for up to $50,000 in attorneys fees, and the ordinance would have to be eliminated. If the challenge proves baseless and a court finds the ordinance to be “valid and enforceable,” governments would still have to wait 45 days from that judgment to resume enforcement.

Read the full article.

The bill’s Senate sponsor, Sen. Jay Trumbull [photo], appeared here yesterday when his bill allowing doctors to refuse to treat LGBTQ patients reached DeSantis’s desk.

Today’s now-finalized bill also stipulates that all local ordinances provide a “business impact” analysis before being presented for passage.

“Local ordinances” would include city and county level LGBTQ protections. Florida is among the 22 states without full statewide LGBTQ protections.

Critics say the bill could potentially result in the upending of a myriad of rules involving pollution, water purity, noise abatement, traffic, consumer rights, tenant rights – basically anything.

The bill has the support of the Florida Restaurant and Lodging Association, a landlords association, and Koch Industries’ Americans For Prosperity.

As I reported in February 2022, the similar bill authored by a separate and self-described “ultra MAGA” state rep passed both chambers but was ultimately vetoed by DeSantis as overbroad.

A bill that would let businesses to sue local governments and immediately halt enforcement of ordinances they deem “arbitrary or unreasonable” clears its last stop in the Legislature

Reporting by @JesseSchecknerhttps://t.co/MadSVznfFE#FlaPol

— Florida Politics (@Fla_Pol) May 3, 2023