CS/HB 403 Summary

• Authorizes courts to award reasonable attorney fees, costs, and damages to prevailing parties in civil actions challenging local ordinances as expressly preempted by state law or the State Constitution, or as arbitrary or unreasonable (capped at $50,000 for arbitrary/unreasonable challenges).

• Requires county commissions and municipalities to prepare and post business impact estimates on their websites before enacting proposed ordinances, including summaries of public purpose, direct economic impacts on businesses, compliance costs, and number of affected businesses.

• Mandates that counties and municipalities suspend enforcement of ordinances challenged within 90 days of adoption if the complainant requests suspension and cites preemption or arbitrary/unreasonable grounds; prevailing local governments can enforce 30 days after final judgment unless plaintiff obtains appellate stay.

• Requires courts to prioritize and expeditiously resolve cases involving suspended ordinances; imposes sanctions for frivolous pleadings, including attorney fees.

• Exempts from these requirements ordinances related to comprehensive planning, building codes, debt issuance, budgets, federal/state compliance, and emergency measures; effective October 1, 2022.