Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1730
       
       
       
       
       
       
                                Ì944856OÎ944856                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/24/2019           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 346 and 347
    4  insert:
    5         Section 5. Paragraph (a) of subsection (4) of section
    6  163.3194, Florida Statutes, is amended to read:
    7         163.3194 Legal status of comprehensive plan.—
    8         (4)(a)1. A court, in reviewing local governmental action or
    9  development regulations under this act, may consider, among
   10  other things, the reasonableness of the comprehensive plan, or
   11  element or elements thereof, relating to the issue justiciably
   12  raised or the appropriateness and completeness of the
   13  comprehensive plan, or element or elements thereof, in relation
   14  to the governmental action or development regulation under
   15  consideration. The court may consider the relationship of the
   16  comprehensive plan, or element or elements thereof, to the
   17  governmental action taken or the development regulation involved
   18  in litigation, but private property shall not be taken without
   19  due process of law and the payment of just compensation.
   20         2. A court shall award reasonable attorney fees to a local
   21  government that prevails in a challenge to a development order
   22  or a local comprehensive plan amendment, including on appeal, if
   23  such fees are incurred by the local government while defending
   24  the approval of the order or amendment.
   25  
   26  ================= T I T L E  A M E N D M E N T ================
   27  And the title is amended as follows:
   28         Delete line 48
   29  and insert:
   30         offset the impact; amending s. 163.3194, F.S.;
   31         requiring a court to award reasonable attorney fees to
   32         a local government that prevails in a challenge to a
   33         development order or a local comprehensive plan
   34         amendment if such fees are incurred by the local
   35         government while defending the approval of the order
   36         or amendment; amending s. 166.033, F.S.;