Background:

Poorly managed coastal lighting is a major, preventable threat to Florida’s globally-important sea turtle populations. In Florida, more than 100 local ordinances that regulate coastal lighting during nesting season are enforced by local counties and municipalities. If lighting ordinances are not enforced, problematic lights will not be addressed, which could lead to thousands of sea turtle disorientations. HB 105 directly undermines local governments abilities to enforce all kinds of local legislation, including extremely necessary lighting ordinances along turtle nesting habitat. 

Bill summary: 

This bill aims to prevent “arbitrary or unreasonable enforcement action by a local government or special district, or employees thereof, may impede economic growth, increase costs for housing and business development, and undermine public trust.” An “enforcement action” is defined by any decision, determination, demand, inspection, citation, order, denial, interpretation, or any other regulatory action undertaken by a county or employees thereof.

The harmful section of this language lies in the definition of an “arbitrary or unreasonable enforcement action.” If any enforcement creates “unreasonably delays or obstructs lawful development” this allows any person or business entity to sue the local government and receive up to $50,000 in damages. This vague language leaves major room for interpretation and can have unfavorable effects on local enforcement of important legislation.

This bill could weaken local enforcement because it creates legal and financial risks that can cause regulatory chill. Cities and counties enforcing local lighting ordinances to protect nesting turtles could be challenged by developers or businesses in court, particularly if enforcement delays construction or increases costs. Consequently, local governments may avoid strict enforcement to prevent lawsuits, fines, or damage awards that may follow.

Additionally, language of Section 1 item (6) reads, “Any local ordinance, rule, regulation, or other local policy that prohibits or restricts a county, including employees thereof, from complying with this section, or any rules adopted under this section, is void to the extent of the conflict.” This small note could cause preemptive threats to future improvements of lighting ordinances. If the State deems a turtle-protection lighting ordinance is in conflict with this law, it could be partially or fully invalidated. The potential for litigation may lead to less proactive monitoring of coastal lighting, indirectly harming sea turtle nesting success, a phenomenon known as regulatory chill.