Panel backs bill giving residents a path to challenge arbitrary local enforcement

Civil Justice and Claims Subcommittee · January 21, 2026

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Summary

HB105 would require local governments to explain and justify enforcement actions alleged to be arbitrary or unreasonable, adds fire marshals and building officials, clarifies the standard against ordinances and was reported favorably after a strike-all amendment.

Representative Brackett presented HB105 as a measure to restore accountability by creating a process for citizens to seek review when local enforcement actions are alleged to be arbitrary or unreasonable. The sponsor said the bill provides a path for review, timely responses and potential relief if local governments fail to follow their own rules.

The committee considered a strike-all amendment (barcode 62716) that clarifies the standard: an action would be unreasonable or arbitrary if not authorized by an ordinance. Representative Joseph asked whether the bill creates a board or defines "unreasonable"; the sponsor said the amendment does not create a board and that the metric is whether the action is authorized by ordinance. Representative Blanco asked about adding fire marshals; the sponsor said the amendment simply includes them among officials covered and does not impose new life-safety rules.

Stakeholders including the Florida Chamber of Commerce and an in-person waiver of support were noted. The amendment was adopted and the committee voted 16-0 to report HB105 favorably.